Heyday Carman's Hall - Student Accommodation Dublin

Please know that you'll be required to sign a binding licence agreement for the duration of your stay. For long term students, the copy is below. An official licence agreement will be sent to you via email or you will receive a copy upon arrival for signing. You will be required to pay an Administrative fee of €200, a deposit of €250 and a €25 Kitchen Contribution Fee. 

For Tourist booking outside of the academic year, your terms and conditions are beneath the Student's Licence agreement below. 

STUDENT LICENCE AGREEMENT

1. Definitions: "Affiliate" means in relation to a person, each other person which directly or indirectly Controls, is directly or indirectly controlled by or is under direct or indirect common Control with, that person from time to time. "Administration Fee" means the Administration Fee referred to in this Licence Agreement, and in the Booking Form, and on various documents and websites used to promote and advertise the Property. The Administration Fee is payable in respect of the costs involved in processing bookings, preparing booking and licence documentation, and reviewing and reconciling payments in respect of bookings. The Administration Fee is explicitly and specifically not a Security Deposit. "Damage Deposit" means the Damage Deposit referred to in this Licence Agreement, and in the Booking Form, and on various documents and websites used to promote and advertise the Property. The Damage Deposit is an amount payable in advance, and which is a refundable amount – any such refund to occur at the end of the Licence period, after any deductions for damage have been made in accordance with Clause 4.1.4 of this Licence Agreement. "Communal Areas" means all stairs, corridors, landings, gardens, balconies, grounds, social spaces, entrance halls, laundrettes and reception areas and other communal areas within the Residence. "Control" means, in relation to a person, the direct or indirect ownership of more than 50 per cent, of the voting capital or similar right of ownership of that person or the legal power to direct or cause the direction of the general management and policies of that person, whether through the ownership of voting capital, by contract or otherwise, and Controls and Controlled shall be interpreted accordingly. "Law" means every Act of the Oireachtas, law of the European Union and every instrument, directive, regulation, requirement, action and bye law made by any government department, competent authority, officer or court which now or may hereafter have force of law in Ireland. "Licence Fee" means the charges for the Licensee's use of the Room and as referred to in the Residences Booking Form section of the Heyday Website which fee INCLUDES use of electricity, water and sewerage utility services. The Company reserves the right to recharge the Licensee for non-residential, unreasonable or excessive use of such services. 

"Licence Fee Account" means the bank account in the name of the Company with account details: Bank Name: Bank of Ireland Bank Address: Lower Baggot Street, Dublin Account Name: CER Ireland Sa Dev Limited 
BANK TRANSFER NARRATIVE/REFERENCE MUST INCLUDE LICENSEE’S FULL NAME IN ORDER FOR HEYDAY STUDENT LIVING TO IDENTIFY THE PAYMENT or such other substitute account as notified by the Company to the Licensee from time to time. "Licence Period" means the period noted on 1st page. "Licensed Use" means use for temporary student accommodation. "Management Team" means the management in charge of the Company's student residences as the same shall be communicated to the Licensee from time to time. "Heyday Student Living Website" means www.heyday.ie or such other website as may be notified in writing by the Company to the Licensee from time to time. "Property" means the student accommodation at Carman's Hall, Dublin 8, operated by the Company. "Residence" means the residence within which the Room is located. "Residence Regulations" means the regulations governing the Residences as changed from time to time which are posted on the Heyday website and available in the reception area of a Residence. "Room" means a Lee Room, Apartment  Bedroom, Heyday Student Accommodation, Carman's Hall, Dublin 8, being the Residence, allocated to the Licensee which will be confirmed 10 days prior to the start of the Licence Period and where applicable the en-suite bathroom serving the room. 
2. ACCEPTING THIS LICENCE AGREEMENT 
2.1. This Licence Agreement is a licence and not a tenancy. This means the Licensee is authorised to use the Room during the Licence Period but does not have exclusive possession of the Room. This means that the Management Team (or other appointed personnel) on behalf of the Company has the right to: 
2.1.1. enter the Room at any time for any reason as referred to in this Licence Agreement; and 
2.1.2. require the Licensee to move to a different room as referred to in this Licence Agreement. 
2.2. By accepting this Licence Agreement, the Licensee is entering into a legally binding contract with the Company, which for the Licence Period and, subject to the terms of this Licence Agreement, authorises the Licensee to use the Room and to use the Communal Areas in accordance with this Licence Agreement. If the Licensee breaches any of the terms of this Licence Agreement, the Company shall be entitled to terminate this Licence Agreement. 
2.3. If any term or provision in this Licence Agreement is held to be illegal or unenforceable in whole or in part such term shall be deemed not to form part of this Licence Agreement but the enforceability of the remainder of this Licence Agreement is not affected. 
3. ENQUIRIES If there is anything the Licensee does not understand about this Licence Agreement or the Licensee's accommodation or if the Licensee has any other queries, the Licensee will contact the Management Team. The Management Team can be contacted at the telephone numbers or email address set out on the Heyday website or as may otherwise be communicated to the Licensee. 
4. ADMINISTRATION/BOOKING FEE 
4.1.1. An Administration/Booking Fee of €200 is charged on all bookings. 
4.1.2. A deposit in the sum of €250 is charged on all bookings. 
4.1.3 The Deposit will be used for unpaid rent or damages caused by the Licensee to the building and/or its amenities during the term of the Licence. Normal wear and tear will not be considered damage for the purpose of this clause. The Management Team will inspect the Licensee’s Room and Common Areas prior to departure. If damage beyond normal wear and tear has occurred in the Licensee’s Room, the cost of repair will be billed to the Licencee directly. If damage beyond normal wear and tear has occurred in the Common Areas, then that cost will be shared amongst the Licensee’s sharing that apartment, pro-rata. The Company reserves the right to pursue the Licensee to recover costs incurred by it in replacing damaged items and/or putting the Building, it’s amenities, the Licensee’s Room, and/or Communal areas into the condition in which it/they were provided to the Licensee. 
5. THE COMPANY'S RESPONSIBILITIES The Company will use its reasonable endeavours to: 
5.1.1. maintain the structure of the Residence and keep the Residence and the Communal Areas clean, tidy, in reasonable repair and fit for use; 
5.1.2. ensure that an adequate supply of utilities including water, heating, hot water and internet are provided in the Residence; and should supply be lost to reinstate as soon as possible; and 
5.1.3. ensure that the laundrette facilities are available and in good working repair; 
5.1.4. The Company will not be liable for any failure to provide services where such failure is beyond its reasonable control (such as mechanical breakdown, third party actions and labour disputes); and 
5.1.5. During the Licence Period, the Company shall arrange for the insurance of the Residence against fire and other risks which the Company considers necessary. 
6. THE LICENSEE'S RESPONSIBILITIES: 
6.1. Licence Fee 
6.1.1. The Licensee shall pay all Licence Fees under this Licence Agreement into the Licence Fee Account.
6.1.2. The Licensee must pay the Licence Fee and associated bank fees in full on the due dates in accordance with the terms and conditions of this Licence Agreement. 
6.1.3. The Licensee's obligation to pay the Licence Fee applies whether or not the Licensee moves into the Room and irrespective of the Licensee's course dates. 
6.1.4. The Company reserves the right to charge the Licensee a reasonable fee to cover its administrative expenses should it have to pursue the Licensee for payment. 
6.1.5. The Company does not accept cash or cheques. 
6.1.6. The Total Licence Fee noted on Page 1 should be paid on or before the payment date or dates as set out in the 6.1.7. 
6.1.7. PAYMENT SCHEDULE YOU WILL BE REQUIRED TO MAKE PAYMENT ACCORDING TO THE SCHEDULE ON YOUR CONTRACT THAT YOU WILL SIGN ONSITE OR VIA EMAIL, AND LICENSEE IS RESPONSIBLE FOR ALL BANK TRANSFER FEES THAT MAY INCUR
6.1.8. The Licensee may only use the Room as a temporary residence for the Licensee's personal use and unless specifically authorised by the Company, is not to share possession of the Room or any part thereof with any person or to permit the Room to be used by any person other than those authorised during the Licence Period. 
6.1.9. The Licensee must not carry on any business in the Room nor do or allow to be done any act or thing which is likely to be or become a nuisance, danger or annoyance to the Company or other Licensees of the Residence.
6.1.10. The Licensee is responsible for the behaviour of any visitor (including any family member) and the Licensee must ensure any such visitors comply with the terms of this Licence Agreement and the Residences Guest Policy provided to the Licensee upon arrival. If such visitors do not comply, the Licensee will be held liable. The Licensee is permitted to have guests stay overnight occasionally, provided that the Licensee and their guest comply with the terms and conditions of the said Residences Guest Policy. 
6.1.11. The Company may remove or exclude any visitors (including family members) from the Room
6.1.12. The Licensee must check out of the Room at the end of the Licence Period or upon earlier termination of this Licence Agreement (where relevant) and return the keys (where applicable) to the Management Team. If the Licensee fails to do so the Licensee will be liable to pay a fee to the Company. 
6.1.13. The Licensee shall be responsible for obtaining and paying for any television licence required for any television and shall be responsible jointly and severally with other Licensees of the Residence for any television in the Residence. The sole exception to this is that where the Company provides a television in the apartment, the Company will be responsible for a television licence for that television only. 
6.2. Respect for Others 
6.2.1. The Licensee agrees to show respect, at all times, for all persons living or working in the Residence and not to cause or do anything that is likely to cause a nuisance or annoyance to them. 
6.2.2. The Licensee must not use violence or threaten to use violence, verbally assault or harass or threaten to harass any person (including but not limited to harassment on grounds of age, gender, sexual orientation, religion, belief, race, culture, disability or lifestyle). 
6.2.3. The Licensee must not bring into the Room or any part of the Residence or Property any weapons, illegal items or items which the Management Team considers offensive or dangerous (which may include replica, ceremonial or toy weapons, knives, martial arts weapons or air weapons) or allow the Room to be used for any criminal, immoral or illegal purpose including but not limited to selling, supplying or using illegal substances, storing or handling stolen goods or prostitution. 
6.2.4. The Licensee must not engage in any form of anti-social or reckless behaviour in the Room or any part of the Communal Areas and shall indemnify the Company against any claims made by any agent or employee of the Management Team, the Company or visitor arising out of any breach of the permitted use of the Room. 
6.2.5. The Licensee must not hold parties in the Room or in or on any part of the Residence save with the express permission of the Management Team. 
6.2.6. The Licensee must keep noise at a level that does not interfere with the study, sleep or comfort of persons living or working in the Residence and shall not play musical instruments or radios, televisions or other sound-producing apparatus in such a manner as to cause distraction or nuisance to other Licensees of the Residence and in particular between the hours of 11.00 p.m. and 7.00 am or such other times as the Management Team notifies. 
6.2.7. The Licensee must not keep a dog, cat, reptile, insect, pet, fish or other animal at the Room or the Residence save for a registered assistance dog as provided for in the next paragraph. 
6.2.8. Licensees with a disability may keep with them in the Room and Residence, their registered assistance animal, including but not limited to guide dogs and registered emotional support animals, where the Licensee's need for the registered assistance animal has been certified by a registered recognised medical professional. The Licensee will be responsible for the care of the registered assistance animal and must ensure that the registered assistance animal is controlled at all times and does not cause a nuisance to other Licensees of the Residence and other persons in the Residence at any time. 6.3. Repairs, Maintenance and Alterations 
6.3.1. The Licensee must keep the Room in a clean and tidy condition at all times. 
6.3.2. The Licensee must not build up rubbish in the Room or in any shared or common area. 
6.3.3. The Licensee shall only put rubbish in the bins provided by the Management Team. The Licensee must segregate rubbish and place recycled rubbish in designated recycling bin areas. 6.3.4. The Licensee must leave the Room in the same condition at the end of the Licence Period as when the Licensee found it at the beginning (fair wear and tear excluded). Extra cleaning charges may apply. 
6.3.5. The Licensee must not make any alterations to the Room (including fitting any aerial or satellite dish) or make any alterations whatsoever in the internal arrangements or external appearance of the Room. 
6.3.6. The Licensee must not remove, alter or damage any furniture, equipment, windows, locks or curtains in the Room or in any shared or common area.
6.3.7. The Licensee must not drill any holes or to affix any nails, tacks, screws, drawing-pins in the windows, doors, woodwork, walls, floors or ceiling of the Room. Items may only be attached to the notice board in the Room with pins, blu tack and sellotape. 
6.3.8. The Licensee must not hang any flags, banners, clothes or other items from the windows or the outside of the Room. 
6.3.9. The Licensee must report all maintenance and repair issues to Management Team as soon as the Licensee becomes aware of them. 
6.4. Safety and Security 
6.4.1. It is the Licensee's responsibility to help ensure that the Room and the Residence are safe and secure to live in. 
6.4.2. The Licensee must not smoke (including electronic cigarettes) in the Room or any part of the Residence. 
6.4.3. The Licensee must not bring any appliances, or cooking equipment including rice cookers and similar apparatus into the Room or the Residence that will be used in such a way as to cause a hazard or which uses a naked flame. 
6.4.4. The Licensee must not overload electrical sockets or use unsafe electrical equipment. 
6.4.5. The Licensee agrees to respond to all fire alarms and comply with all fire regulations and evacuation procedures. 
6.4.6. The Licensee must not obstruct the Communal Areas or any parts of the Residence including fire escape routes. For the avoidance of doubt, no items may be left outside the Room or in corridors and bicycles are not permitted within Residences. 
6.4.7. The Licensee must not tamper with any fire equipment or fire doors which are designed to reduce the spread of fire and to help prevent injury or death. 
6.4.8. The Licensee must not part with the possession of any keys or security cards provided by the Company or the Management Team for the Room and the Licensee must report any loss immediately to Management Team. 
6.4.9. The Licensee must leave the Room and the Residence secure at all times and the Licensee must not prop open or block locks on the door to the Room or the Residence. The Licensee must not do anything which may increase any insurance premium for the Room or the Residence.
6.4.10. The Licensee must not store or keep or permit to be kept in the Room or in any part of the Residence any dangerous, combustible including candles or unlawful substances or materials whatsoever and to report immediately the presence of such substances or materials. The Licensee agrees to comply with the Residence Regulations. 
6.4.11. The Licensee agrees to adhere to all Management Team and the Company's policies concerning the Room and the Residence, in particular but not limited to, any health and safety policies. 
6.4.12. Neither the Company nor Management Team shall be responsible for the security of the Room or apartment where the Room is located in an apartment. Responsibility for security of the Room rests with the Licensee and the Licensee shall report all security incidents to Management Team. 
6.4.13. The Licensee takes responsibility to ensure that the hot and cold taps and the shower in the Room are run regularly – and at least once per week are run for several minutes, for health and safety purposes.
6.4.14. The Licensee agrees to inform The Management about any period in which their room will be empty for more than 7 days. The Management will enter the Room during such periods to run the hot and cold water taps for health and safety purposes. 
7. THE COMPANY'S RIGHTS 
7.1. Relocation The Company may from time to time and at any time during the Licence Period request the Licensee to move to another room upon giving to the Licensee reasonable notice in writing and in such event the matters and agreements set out in this Licence Agreement shall apply to such other room which shall then become the Room as defined herein. 
7.2. Alterations and Building Works The Company has the right to carry out any building works, decoration, refurbishment, repairs, alterations or any other works as required to the Room and in any part of the Residence and in any part of the Property at any time. 
7.3. Removal and Disposal of Items
7.3.1. The Company may remove from the Room or the Residence any items which it considers offensive, dangerous and/or which may cause a fire hazard. The Licensee will not be entitled to take any such items back into the Room or the Residence and the Management Team may dispose of any such items. 
7.3.2. The Licensee must remove all items and personal belongings from the room at the end of the Licence Period. 
7.3.3. The Management Team may dispose of any items left in the Room or the Residence at the end of the Licence Period, extra charges may apply for disposal costs. 
7.4. Access 
7.4.1. Upon giving the Licensee at least 24 hours' notice (except in the case of an emergency), the Management Team, the Company or any of its agents or work personnel may enter the Room and examine the state of repair and condition of it and may carry out repairs or renovations to the Room, any adjoining premises and/or any part of the Residence. 
7.4.2. The Management Team or any representative acting on behalf of the Company may enter the Room without notice in an emergency situation or where a breach of discipline is suspected under the provisions of this Licence Agreement. 7.4.3. The Management Team is a joint key holder of the Room with the Licensee. 
8. THE LICENSEE'S RIGHTS 8.1. The Company licenses and authorises the Licensee: 
8.1.1. to use the Room for the purposes only of the Licensed Use; 
8.1.2. non-exclusive use (in common with the Company and all other persons entitled or authorised at all times during the Licensed Period) of the shared kitchen and bathroom areas serving the Room; 8.1.3. non-exclusive use (in common with the Company and all other persons entitled or authorised at all times during the Licensed Period) of the Communal Areas; and 
8.1.4. where applicable, non-exclusive use (in common with the Company and all other persons entitled or authorised at all times during the Licensed Period) of a communal gym within the Residence. 
9. PAYMENT FOR LOSS OR DAMAGE The Licensee must pay within 14 days of written demand for all loss and damage suffered by the Company as a result of any breach of this Licence Agreement by the Licensee or any of the Licensee's visitors (including family members). This includes but is not limited to additional cleaning costs, replacement keys, repairing or replacing fixtures, fittings or equipment, collecting arrears, paying professional advisors, pursuing court proceedings, administration expenses, and income lost by the Company or the Management Team as a result of the Licensee's failure to vacate the Room on time. The Company will provide proof of damage, costs and any additional costs when issuing the demand. 
10. BREACH OF AGREEMENT 
10.1. If the Licensee or any of the Licensee's visitors (including a family member) breach any of the terms of this Licence Agreement, the Management Team may investigate the alleged breach and may invite the Licensee to discuss the circumstances of the alleged breach with them. Arising out of this Management Team may: 
10.1.1. take no action; or 
10.1.2. caution the Licensee and may also give the Licensee a written warning. 
10.2. For the avoidance of doubt, the Company may terminate this Licence Agreement when the Licensee has breached any term of this Licence Agreement or the Licensee has failed to perform any of its obligations under this Licence Agreement, including but not limited to the following circumstances: 
10.2.1. The Licensee shall fail to pay any instalment of the Licence Fee in accordance with the terms of this Licence Agreement; 
10.2.2. The Licensee is in breach of any of his obligations under this Licence Agreement; 
10.2.3. The Licensee commits any offence or behaves in a manner which causes a nuisance to other persons or endangers the Room or any part of the Residence; 
10.2.4. The Licensee indulges in drunkenness or misuses drugs; 
10.2.5. The Licensee uses the Room, or any part of the Residence for any unlawful purpose; 
10.2.6. The Licensee uses violent or threatening behaviour to any person in the Room, or any other part of the Residence; 
10.2.7. The Licensee has failed to take up use of the Room; 
10.2.8. The Licensee has failed to pay the Licence Fee and associated Bank Fees on the due dates; 
10.2.9. The Licensee has committed a serious breach of this Licence Agreement or have persistently breached the terms and condition of this Licence Agreement; 
10.2.10. The Licensee has been convicted of a criminal offence which the Company regards as serious; 
10.2.11. The Licensee has supplied information to the Company in connection with the Licensees application for a Room which is false or misleading or have failed to supply information to the Company which it considers relevant; 
10.2.12. The Licensee's Room is not habitable due to events beyond the Company's control (such as fire or damage) and the Company does not have alternative accommodation for the Licensee to use; 
10.2.13. The Company considers it necessary to move the Licensee from the Room for the Licensees protection or the protection of others; 
10.2.14. In the event that the Company terminates this Licence Agreement the Licensee will not be entitled to apply for resident accommodation in the future without the consent of the Company which it may withhold at its sole discretion. 
10.3. The effect of such termination shall be to end this Licence Agreement but such termination shall not release the Licensee [nor the Guarantor] from any outstanding financial obligations. 
10.4. Without prejudice to above, the Licensee also acknowledges that this Licence Agreement is conditional upon the following:- 
10.4.1. If the Licence Fee or any part thereof or any other sum required to be paid by the Licensee hereunder shall be unpaid for a period of seven days after same shall fall due for payment, or 
10.4.2. If any agreement on the Licensee's part herein contained shall not be performed or observed or if the Licensee shall become bankrupt or shall call a meeting of or enter into any composition with creditors or suffer any distress or execution to be levied on the goods of the Licensee, then and in any such case it shall be lawful for the Company at any time immediately to determine this Licence Agreement (but without prejudice to any claim by the Company in respect of any antecedent breach of any agreement or provision herein contained) whereupon the Licensee shall forthwith vacate the Room and the Residence. 
11. THE PARTIES MUTUALLY AGREE AS FOLLOWS 
11.1. The Company shall be entitled at its sole absolute discretion to offer the Licensee the right to terminate the Licence early. 
11.1.1. If the Company opts to offer the Licensee the right to terminate the Licence early then the Company shall serve at least four weeks' notice in writing to the Licensee of its intention to offer the Licensee the right to terminate the Licence early on an early termination date to be specified in such notice ("the Early Termination Date"). 
11.1.2. If the Licensee receives a notice in writing from the Company of its intention to offer the Licensee the right to terminate the Licence early on the Early Termination Date and if the Licensee wishes to exercise the right to terminate the Licence early on the Early Termination Date then the Licensee must serve at least 4 weeks' notice in writing to the Company of its intention to terminate the Licence early on the Early Termination Date and then in such event the Licence shall terminate early on the Early Termination Date. 
11.1.3. Subject to the provisions of the Licence, the Company shall refund to the Licensee a sum equal to that proportion of the Licence Fee (which has been paid) attributable on a pro rata basis to the period from the Early Termination Date to the end of the Licence Period discounted by twenty per cent (20%) within thirty (30) days of the Early Termination Date. 
12. THE LICENSEE'S TERMINATION RIGHTS 
12.1. The Administration Fee is non-refundable. 
12.2. If the Licensee wishes to terminate the Licence Agreement prior to the end of the Licence Period, they must email the Management Team providing reasons for such decision. 
12.3. Should this Licence Agreement be terminated by the Licensee during their Licence Period, the Licensee remains liable to pay the Licence Fee in full for the whole of the Licence Period. The Licensee is responsible for finding a suitable replacement. The Management Team on behalf of the Company will use its reasonable endeavours to assist in finding a suitable replacement which is acceptable to the Company acting reasonably. In the event that the Licensee is able to re-licence the Room they will be entitled to receive credit for the balance of the Licence Fee paid in advance which corresponds to the Period in which the Room is re licenced. 
13. GUARANTOR 
13.1. The Guarantor by his execution hereto confirms that he is resident in the Republic of Ireland and in consideration of the grant by the Company of this Licence to the Licensee agrees to guarantee the obligations of the Licensee under the terms of this Licence Agreement, including the requirement to pay the Licence Fee and any other payments due in terms of this Licence Agreement. 
13.2. The Guarantor confirms that he has had the opportunity to take independent legal advice in respect of his undertakings in terms of this Licence Agreement. 
13.3. The Guarantor must provide proof of address such as a utility bill, tax statement (not older than 3 months old) and a photographic ID. 
13.4. The Guarantor guarantees as a separate and independent primary obligation, due payment and/or performance as the case may be of: 
13.4.1. all Licence Fees payable under this Licence Agreement; 
13.4.2. any payment to the Company of any other monies due or to become due by the Licensee to the Company for the supply of amenities and other services by the Company to the Licensee pursuant to this Licence Agreement within the time period set out in this Licence Agreement; 
13.4.3. the performance of all other obligations of the Licensee in terms of this Licence Agreement; and 
13.4.4. any monies due by the Licensee to the Company under this Licence Agreement for damage caused by the Licensee to the Room or Residence provided that the Guarantor's liability under this clause shall be limited to the amount of the irrecoverable excess on the Company's insurance policy referable to the damage caused. 
13.5. The Guarantor agrees to pay to the Company immediately on written demand any Licence Fee or such other monies so payable by the Guarantor or to perform on demand all other obligations which the Licensee may fail to perform. Should payment be later than 45 days after the written demand the Company, is entitled to charge an additional €100 administration fee. 13.6. The Guarantor agrees that the guarantee described in this Licence Agreement, shall not be affected by any time or other indulgence the Company may see fit to grant to the Licensee. 
13.7. The Company reserves the right, at its option, not to allow the Licensee to use the Room until this Licence Agreement has been executed by the Guarantor. 
14. ENTIRE AGREEMENT This Licence Agreement shall constitute the whole of the terms agreed between the Parties in respect of the subject matter of this Licence Agreement provided that nothing in this clause shall limit a party's liability for fraudulent misrepresentation. 
15. SEVERABILITY If any provision of this Licence Agreement is held to be illegal or unenforceable then the remainder of this Licence Agreement shall be unaffected. 
16. WAIVER Unless otherwise agreed in writing, no failure by either party to exercise any right or remedy available to it nor any delay so to exercise any such right to remedy shall operate as a waiver of it nor shall any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. 
17. FORCE MAJEURE Neither party shall be liable for any delay or failure to carry out its obligations under this Licence Agreement caused by force majeure provided that it promptly gives written notice of the occurrence of the force majeure relied on to the other party and it uses all reasonable endeavours to remove or avoid the effect of such force majeure as promptly as practicable. If any force majeure is relied on for longer than 60 days by either party under this clause the other shall be entitled to terminate this Licence Agreement forthwith on written notice. 
18. COMMUNICATIONS AND NOTICES All communications and notices relating to this Licence Agreement will be sent to the Licensee's email address and from time to time, to the Guarantor’s email address. Transfer of Rights and Obligations By The Company 
18.1. The Company may transfer its rights and obligations under this Licence Agreement by written notice to the Licensee signed on behalf of the Company and the purchaser or other transferee (or Affiliate of such purchaser or transferee) to: 
18.1.1. A purchaser or transferee of the Residence; or 
18.1.2. Any Affiliate of the said purchaser or transferee and an Affiliate of a purchaser or transferee, for the purposes of this clause, means any person in which such purchaser or transferee has, directly or indirectly, ownership of half or more of the voting capital or similar right of ownership or the legal right to control its general management and policies, or a person who has or entity which has, directly or indirectly, such ownership or control in the said purchaser or transferee. 
18.2. This Licence Agreement will then stand novated as stated in the notice, and all of the Company's past, present, and future rights and obligations under this Licence Agreement (or, if otherwise stated in the notice, such of them as are so stated) will stand transferred to that transferee with effect from the date stated in the notice. If so requested by the Company following notice under Clause 19.1, the Licensee shall, within 7 days after receiving the request, confirm novation by executing a deed of novation in the form required by the Company. 
19. GOVERNING LAW AND JURISDICTION This Licence Agreement shall be governed and construed in accordance with the laws of Ireland. The Parties hereby irrevocably submit to the exclusive jurisdiction of the Courts of Ireland. 
20. COMPLETION OF AGREEMENT 
20.1. The signature of the Licensee below confirms the following:- 
20.1.1. That the Licensee has not knowingly or carelessly given false or materially misleading information to the Company in connection with the obtaining of this Licence Agreement; and 
20.1.2. That the Licensee made a full and true disclosure of all information sought by the Company in connection with the grant of this Licence Agreement; 
20.1.3. If the Licensee deliberately gives false information in order to obtain the grant of this Licence Agreement this will constitute a material breach allowing the Company to end this Licence Agreement. 
20.2. The signatures of the Licensee, the Guarantor and the Company below acknowledge that the parties have read and understood this Licence Agreement and agree to the licence of the accommodation on the terms and conditions contained in this Licence Agreement. 
21. COUNTERPARTS 
21.1. This Licence Agreement may be executed in any number of counterparts, and by the Parties on separate counterparts, but shall not be effective until each party has executed at least one counterpart. 
21.2. Each counterpart shall constitute an original of this Licence Agreement, but all the counterparts shall together constitute one and the same instrument.

TOURIST AGREEMENT

1.DEFINITIONS AND INTERPRETATION
1.1.Definitions"Communal Areas" means all stairs, corridors, landings, gardens, balconies, grounds, social spaces, entrance halls, laundrettes and reception areas and other communal areas within the Residence. “Date of Stay” means the period noted above. "Law" means every Act of the Oireachtas, law of the European Union and every instrument, directive, regulation, requirement, action and bye law made by any government department, competent authority, officer or court which now or may hereafter have force of law in Ireland. "Licence Fee" means the charges for the Licensee's use of the Room and as referred to in the Residences Booking Form section of the Heyday Website which fee INCLUDES towels and bed linen, use of electricity, water and sewerage utility services. The Company reserves the right to recharge the Licensee for non-residential, unreasonable or excessive use of such services ."Licensed Use" means use for temporary accommodation. "Management Team" means the management in charge of the Company's residences as the same shall be communicated to the Licensee from time to time ."Heyday Student Living Website" means www.heydaystudents.com or such other website as may be notified in writing by the Company to the Licensee from time to time. "Property" means the accommodation at Carman's Hall, Dublin 8, operated by the Company. "Residence" means the residence within which the Room is located ."Residence Regulations" means the regulations governing the Residences as changed from time to time which are posted on the Heyday website and available in the reception area of a Residence. "Room" means a Lee Room, Apartment  Bedroom, Heyday Student Accommodation, Carman's Hall, Dublin 8, being the Residence, allocated to the Licensee and where applicable the en-suite bathroom serving the room.
1.2. Where there is more than one licensee, the obligations/liabilities set forth in this Licence Agreement shall be joint and several. Unless the context otherwise requires, words in the singular shall include the plural and in the plural include the singular.
2.ACCEPTING THIS LICENCE AGREEMENT 
2.1. This Licence Agreement is a licence and not a tenancy. This means the Licensee is authorised to use the Room during the Date of Stay but does not have exclusive possession of the Room. This means that the Management Team (or other appointed personnel) on behalf of the Company has the right to:
2.1.1. enter the Room at any time for any reason as referred to in this Licence Agreement; and 
2.1.2. require the Licensee to move to a different room as referred to in this Licence Agreement.
2.2. By accepting this Licence Agreement, the Licensee is entering into a legally binding contract with the Company, which for the Date of Stay and, subject to the terms of this Licence Agreement, authorises the Licensee to use the Room and to use the Communal Areas in accordance with this Licence Agreement. If the Licensee breaches any of the terms of this Licence Agreement, the Company shall be entitled to terminate this Licence Agreement.
2.3. If any term or provision in this Licence Agreement is held to be illegal or unenforceable in whole or in part such term shall be deemed not to form part of this Licence Agreement but the enforceability of the remainder of this Licence Agreement is not affected.
3. ENQUIRIES If there is anything the Licensee does not understand about this Licence Agreement or the Licensee's accommodation or if the Licensee has any other queries, the Licensee will contact the Management Team. The Management Team can be contacted at the telephone numbers or email address set out on the Heyday website or as may otherwise be communicated to the Licensee.
4. DAMAGE DEPOSIT 
4.1. A Damage Deposit may or may not be charged on bookings. Booking Fees are not damage deposits, but considered advanced rent.
4.2 Damage Deposits are fully refundable, less the costs associated with any damage caused by the Licensee to the building and/or its amenities during the term of the Licence. The Management Team will inspect the Licensee’s Room and Common Areas, and provided that no damage beyond normal wear and tear has occurred, the Damage Deposit will be refunded .If damage beyond normal wear and tear has occurred in the Licensee’s Room, the cost of repair will be deducted from the Damage Deposit. If damage beyond normal wear and tear has occurred in the Common Areas, then that cost will be shared amongst the Licensee’s sharing that apartment, pro-rata, and that pro-rata amount will be deducted from the Damage Deposit. The Company reserves the right to pursue the Licensee to recover costs incurred by it in replacing damaged items and/or putting the Building, it’s amenities, the Licensee’s Room, and/or Communal areas into the condition in which it/they were provided to the Licensee.
5.THE COMPANY'S RESPONSIBILITIES
5.1.The Company will use its reasonable endeavours to:
5.1.1. maintain the structure of the Residence and keep the Residence and the Communal Areas clean, tidy, in reasonable repair and fit for use;
5.1.2. ensure that an adequate supply of utilities including water, heating, hot water and internet are provided in the Residence; and should supply be lost to reinstate as soon as possible;
5.1.3. ensure that the laundrette facilities are available and in good working repair;
5.1.4. The Company will not be liable for any failure to provide services where such failure is beyond its reasonable control(such as mechanical breakdown, third party actions and labour disputes); and
5.1.5. During the Date of Stay, the Company shall arrange for the insurance of the Residence against fire and other risks which the Company considers necessary. 
6.THE LICENSEE'S RESPONSIBILITIES:
6.1. Licence Fee 
6.1.1.The Licensee must pay the Licence Fee and associated charges in full on arrival in accordance with the terms and conditions of this Licence Agreement.
6.1.2. The Company reserves the right to charge the Licensee a reasonable fee to cover its administrative expenses should it have to pursue the Licensee for payment.
6.1.3. The Licence Fee must be paid by credit or debit card. The Company does not accept cash or cheques. Credit and debit card transactions will be charged at the local currency rate, the Company does not accept responsibility for additional costs that may be incurred.  
6.1.4. The Licensee may only use the Room as a temporary residence for the Licensee's personal use and unless specifically authorised by the Company, is not to share possession of the Room or any part thereof with any person or to permit the Room to be used by any person other than those authorised during the Date of Stay. There shall be no more than two occupants of the Room for the Date of Stay.
6.1.5. The Licensee must not carry on any business in the Room nor do or allow to be done any act or thing which is likely to be or become a nuisance, danger or annoyance to the Company or other Licensees of the Residence.
6.1.6. The Licensee is responsible for the behaviour of any visitor (including any family member) and the Licensee must ensure any such visitors comply with the terms of this Licence Agreement and the Residences Guest Policy provided to the Licensee upon arrival. If such visitors do not comply, the Licensee will be held liable.
6.1.7. The Company may remove or exclude any visitors (including family members) from the Room
6.2 Check in and Check Out 
6.2.1. The Licensee must comply with the Company’s rules for checking-in and checking-out. Check-in is available from 3:00-10:00 pm on the day of arrival. Photographic identification and debit/credit card will be required on check in. 
6.2.1 The Licensee must check out of the Room at the end of the Date of Stay at 11a or upon earlier termination of this Licence Agreement (where relevant) and return the keys (where applicable) to the Management Team. If the Licensee fails to do so the Licensee will be liable to pay a fee to the Company. 
6.3.Respect for Others 
6.3.1. The Licensee agrees to show respect, at all times, for all persons living or working in the Residence and not to cause or do anything that is likely to cause a nuisance or annoyance to them.
6.3.2. The Licensee must not use violence or threaten to use violence, verbally assault or harass or threaten to harass any person (including but not limited to harassment on grounds of age, gender, sexual orientation, religion, belief, race, culture, disability or lifestyle).
6.3.3. The Licensee must not bring into the Room or any part of the Residence or Property any weapons, illegal items or items which the Management Team considers offensive or dangerous (which may include replica, ceremonial or toy weapons, knives, martial arts weapons or air weapons) or allow the Room to be used for any criminal, immoral or illegal purpose including but not limited to selling, supplying or using illegal substances, storing or handling stolen goods or prostitution.
6.3.4. The Licensee must not engage in any form of anti-social or reckless behaviour in the Room or any part of the Communal Areas and shall indemnify the Company against any claims made by any agent or employee of the Management Team, the Company or visitor arising out of any breach of the permitted use of the Room.
6.3.5. The Licensee must not hold parties in the Room or in or on any part of the Residence save with the express permission of the Management Team.
6.3.6. The Licensee must keep noise at a level that does not interfere with the study, sleep or comfort of persons living or working in the Residence and shall not play musical instruments or radios, televisions or other sound-producing apparatus in such a manner as to cause distraction or nuisance to other Licensees of the Residence and in particular between the hours of 11.00 p.m. and 7.00 am or such other times as the Management Team notifies.
6.3.7. The Licensee must not keep pets of any kind at the Room or the Residence save for a registered assistance dog as provided for in the next paragraph.
6.3.8. Licensees with a disability may keep with them in the Room and Residence, their registered assistance animal, including but not limited to guide dogs and registered emotional support animals, where the Licensee's need for the registered assistance animal has been certified by a registered recognised medical professional. The Licensee will be responsible for the care of the registered assistance animal and must ensure that the registered assistance animal is controlled at all times and does not cause a nuisance to other Licensees of the Residence and other persons in the Residence at any time.
6.4. Repairs, Maintenance and Alterations 
6.4.1. The Licensee must keep the Room in a clean and tidy condition at all times.
6.4.2. The Licensee must not build up rubbish in the Room or in any shared or common area.
6.4.3. The Licensee shall only put rubbish in the bins provided by the Management Team. The Licensee must segregate rubbish and place recycled rubbish in designated recycling bin areas.
6.4.4. The Licensee must leave the Room in the same condition at the end of the Date of Stay as when the Licensee found it at the beginning (fair wear and tear excluded). Extra cleaning charges may apply.
6.4.5. The Licensee must not make any alterations to the Room (including fitting any aerial or satellite dish) or make any alterations whatsoever in the internal arrangements or external appearance of the Room.
6.4.6. The Licensee must not remove, alter or damage any furniture, equipment, windows, locks or curtains in the Room or in any shared or common area.
6.4.7. The Licensee must not drill any holes or to affix any nails, tacks, screws, drawing-pins in the windows, doors, woodwork, walls, floors or ceiling of the Room.
6.4.8. The Licensee must not hang any flags, banners, clothes or other items from the windows or the outside of the Room.
6.4.9. The Licensee must report all maintenance and repair issues to Management Team as soon as the Licensee becomes aware of them.
6.5.Safety and Security 
6.5.1. It is the Licensee's responsibility to help ensure that the Room and the Residence are safe and secure to live in.
6.5.2. The Licensee must not smoke (including electronic cigarettes) in the Room or any part of the Residence
.6.5.3. The Licensee must not bring any appliances, or cooking equipment including rice cookers and similar apparatus into the Room or the Residence that will be used in such a way as to cause a hazard or which uses a naked flame
.6.5.4. The Licensee must not overload electrical sockets or use unsafe electrical equipment.
6.5.5. The Licensee agrees to respond to all fire alarms and comply with all fire regulations and evacuation procedures.6.5.6. The Licensee must not obstruct the Communal Areas or any parts of the Residence including fire escape routes. For the avoidance of doubt, no items may be left outside the Room or in corridors and bicycles are not permitted within Residences. 
6.5.7. The Licensee must not tamper with any fire equipment or fire doors which are designed to reduce the spread of fire and to help prevent injury or death.6.5.8. The Licensee must not part with the possession of any keys or security cards provided by the Company or the Management Team for the Room and the Licensee must report any loss immediately to Management Team.6.5.9. The Licensee must leave the Room and the Residence secure at all times and the Licensee must not prop open or block locks on the door to the Room or the Residence. The Licensee must not do anything which may increase any insurance premium for the Room or theResidence.6.5.10. The Licensee must not store or keep or permit to be kept in the Room or in any part of the Residence any dangerous, combustible including candles or unlawful substances or materials whatsoever and to report immediately the presence of such substances or materials. The Licensee agrees to comply with the Residence Regulations.6.5.11. The Licensee agrees to adhere to all Management Team and the Company's policies concerning the Room and the Residence, in particular but not limited to, any health and safety policies.6.5.12. Neither the Company nor Management Team shall be responsible for the security of the Room or apartment where the Room is located in an apartment. Responsibility for security of the Room rests with the Licensee and the Licensee shall report all security incidents to Management Team.
7.THE COMPANY'S RIGHTS7.1.Relocation The Company may from time to time and at any time during the Date of Stay request the Licensee to move to another room upon giving to the Licensee reasonable notice and in such event the matters and agreements set out in this Licence Agreement shall apply to such other room which shall then become the Room as defined herein.7.2.Alterations and Building Works The Company has the right to carry out any building works, decoration, refurbishment, repairs, alterations or any other works as required to the Room and in any part of the Residence and in any part of the Property at any time.7.3. Removal and Disposal of Items7.3.1. The Company may remove from the Room or the Residence any items which it considers offensive, dangerous and/or which may cause a fire hazard. The Licensee will not be entitled to take any such items back into the Room or the Residence and the Management Team may dispose of any such items.7.3.2. The Licensee must remove all items and personal belongings from the room at the end of the Date of Stay. The Management Team may dispose of any items left in the Room or the Residence at the end of the Date of Stay, extra charges may apply for disposal costs.7.4.Access7.4.1. Upon giving the Licensee at least 24 hours' notice (except in the case of an emergency), the Management Team, the Company or any of its agents or work personnel may enter the Room and examine the state of repair and condition of it and may carry out repairs or renovations to the Room, any adjoining premises and/or any part of the Residence.7.4.2. The Management Team or any representative acting on behalf of the Company may enter the Room without notice in an emergency situation or where a breach of discipline is suspected under the provisions of this Licence Agreement.7.4.3. The Management Team is a joint key holder of the Room with the Licensee.
8.THE LICENSEE'S RIGHTS8.1. The Company licenses and authorises theLicensee:8.1.1. to use the Room for the purposes only of the Licensed Use;8.1.2. non-exclusive use (in common with the Company and all other persons entitled or authorised at all times during the Licensed Period) of the shared kitchen and bathroom areas serving the Room;8.1.3. non-exclusive use (in common with the Company and all other persons entitled or authorised at all times during the Licensed Period) of the Communal Areas; and8.1.4. where applicable, non-exclusive use (in common with the Company and all other persons entitled or authorised at all times during the Licensed Period) of a communal gym within the Residence.
9.PAYMENT FOR LOSS OR DAMAGE The Licensee must pay within 14 days of written demand for all loss and damage suffered by the Company as a result of any breach of this Licence Agreement by the Licensee or any of the Licensee's visitors (including family members). This includes but is not limited to additional cleaning costs, replacement keys, repairing or replacing fixtures, fittings or equipment, collecting arrears, paying professional advisors, pursuing court proceedings, administration expenses, and income lost by the Company or the Management Team as a result of the Licensee's failure to vacate the Room on time. The Company will provide proof of damage, costs and any additional costs when issuing the demand.
10.BREACH OF AGREEMENT10.1. If the Licensee or any of the Licensee's visitors (including a family member) breach any of the terms of this Licence Agreement, the Management Team may investigate the alleged breach and may invite the Licensee to discuss the circumstances of the alleged breach with them. Arising out of this Management Team may:10.1.1. take no action; or10.1.2. caution the Licensee and may also give the Licensee a written warning.10.2. For the avoidance of doubt, the Company may terminate this Licence Agreement when the Licensee has breached any term of this Licence Agreement or the Licensee has failed to perform any of its obligations under this Licence Agreement, including but not limited to the following circumstances:10.2.1. The Licensee shall fail to pay the Licence Fee in accordance with the terms of this Licence Agreement;10.2.2. The Licensee is in breach of any of his obligations under this Licence Agreement;10.2.3. The Licensee commits any offence or be haves in a manner which causes a nuisance to other persons or endangers the Room or any part of the Residence;10.2.4. The Licensee indulges in drunkenness or misuses drugs;10.2.5. The Licensee uses the Room, or any part of the Residence for any unlawful purpose;10.2.6. The Licensee uses violent or threatening behaviour to any person in the Room, or any other part of the Residence;10.2.7. The Licensee has failed to pay the Licence Fee and associated charges;10.2.8. The Licensee has committed a serious breach of this Licence Agreement or have persistently breached the terms and condition of this Licence Agreement;10.2.9. The Licensee has been convicted of a criminal offence which the Company regards as serious;10.2.10. The Licensee has supplied information to the Company in connection with the Licensee’s application for a Room which is false or misleading or have failed to supply information to the Company which it considers relevant;10.2.11. The Licensee's Room is not habitable due to events beyond the Company's control (such as fire or damage) and the Company does not have alternative accommodation for the Licensee to use; and10.2.12. The Company considers it necessary to move the Licensee from the Room for the Licensees protection or the protection ofothers.10.3. The effect of such termination shall be to end this Licence Agreement but such termination shall not release the Licensee from any outstanding financial obligations.
11.THE LICENSEE'S TERMINATION RIGHTS11.1. If the Licensee wishes to terminate the Licence Agreement prior to the end of the Date of Stay, they must email the Management Team providing reasons for such decision.11.2. Should this Licence Agreement be terminated by the Licensee during their Date of Stay, the Licensee remains liable to pay the Licence Fee in full for the whole of the Date of Stay.
12.ENTIRE AGREEMENT This Licence Agreement shall constitute the whole of the terms agreed between the Parties in respect of the subject matter of this Licence Agreement provided that nothing in this clause shall limit a party's liability for fraudulent misrepresentation.
13.SEVERABILITYIf any provision of this Licence Agreement is held to be illegal or unenforceable then the remainder of this Licence Agreement shall be unaffected.
14.WAIVERUnless otherwise agreed in writing, no failure by either party to exercise any right or remedy available to it nor any delay so to exercise any such right to remedy shall operate as a waiver of it nor shall any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.
15.FORCE MAJEURE Neither party shall be liable for any delay or failure to carry out its obligations under this Licence Agreement caused by force majeure provided that it promptly gives written notice of the occurrence of the force majeure relied on to the other party and it uses all reasonable endeavours to remove or avoid the effect of such force majeure as promptly as practicable. If any force majeure is relied on for longer than 60 days by either party under this clause the other shall be entitled to terminate this Licence Agreement forthwith on written notice.
16.COMMUNICATIONS AND NOTICES All communications and notices relating to this Licence Agreement will be sent to the Licensee's email address.
17.GOVERNING LAW AND JURISDICTION This Licence Agreement shall be governed and construed in accordance with the laws of Ireland. The Parties hereby irrevocably submit to the exclusive jurisdiction of the Courts of Ireland.
18.COMPLETION OF AGREEMENT18.1. The signature of the Licensee below confirms the following:-18.1.1. That the Licensee has not knowingly or carelessly given false or materially misleading information to the Company in connection with the obtaining of this Licence Agreement; and18.1.2. That the Licensee made a full and true disclosure of all information sought by the Company in connection with the grant of this Licence Agreement.18.1.3. If the Licensee deliberately gives false information in order to obtain the grant of this Licence Agreement this will constitute a material breach allowing the Company to end this LicenceAgreement.18.2. The signatures of the Licensee and the Company below acknowledge that the parties have read and understood this Licence Agreement and agree to the licence of the accommodation on the terms and conditions contained in this Licence Agreement.
19. COUNTERPARTS
This Licence Agreement may be executed in any number of counterparts, and by the Parties on separate counterparts, but shall not be effective until each party has executed at least one counterpart. Each counterpart shall constitute an original of this Licence Agreement, but all the counterparts shall together constitute one and the same instrument.