URBAN H LIMITED T/A 73 OAKLEY SQUARE TERMS AND CONDITIONS

These Terms are applicable to all Contractsof any kind made by Urban H Limited (T/A 73 Oakley Square) and itsclients (“the Clients”) and apply to all reservations, bookings and agreementsfor accommodation, dining, and use of all services at 73 Oakley Square.Clients are invited to read these provisionsand note their responsibilities, arrangements for payments, cancellation termsand limitations on the liability of 73 Oakley Square. The Contract is conditional onthe payment of the Deposit.

TERMS OF SUPPLY

1. INTERPRETATION
1.1 In these Conditions: “Arrival” means the date on which the Services are to be provided or shall start to be provided by 73 Oakley Square; “Client” means the person for whom 73 Oakley Square has agreed to provide the Services in accordance with these Terms; “Contract” means the contract for the provision of the Services including these Terms as appropriate; “Deposit” means the payment specified in clause 5 and Schedule; “Services” means the provision of accommodation and/or supply of food and beverages and other Services by 73 Oakley Square for the Client described in writing by 73 Oakley Square and on its website or in its brochure. “Schedule” The Schedule of deposits and payments and cancellation terms annexed to this Agreement; “Standard Charges” means the charges shown in any brochure of 73 Oakley Square or other published literature relating to the Services in force from time to time; “Terms” means these terms and conditions. “Group” a group booking comprises six rooms or more and may also include other contracted services and use of 73 Oakley Square's facilities The headings in theseTerms are for convenience only and shall not affect their interpretation.

PROVISIONALRESERVATION AND CONFIRMATION OF RESERVATIONS

If 73 Oakley Square confirms the reservation this Contract is conditional on the Client supplying credit card details and theauthority for charges to be deducted (including cancellation charges) on thepayment terms outlined in the Schedule.If credit card details and payment authorityis not given to 73 Oakley Square by the Client thensubject to any outstanding obligation due to 73 Oakley Square from the Client theContract will cease to be of effect. The Services that are the subject of theprovisional reservation will be released and resold without any furthernotification to the Client.

SUPPLY OF SERVICES

73 Oakley Square shall provide the Services tothe Client subject to the Contract.The Client shall at its own expense supplythe Marloes with all necessary data or other information relating to theServices within a sufficient time to enable 73 Oakley Square to provide the Servicesin accordance with the Contract. The Client shall ensure the accuracy of allsuch information. Specific information requirements are contained in theSchedule. 73 Oakley Square may at any time without notifying the Client make anychanges to the Services which are necessary to comply with any applicablesafety or other statutory requirements, or which do not materially affect thenature or quality of the Services. 73 Oakley Square does not condone any form ofbullying or harassment in the workplace. If the harasser is a guest or avisitor to the hotel, the employee should instead convey promptly and clearlytheir feelings of discomfort to a manager and explain if it is interfering withtheir work. The manager will then deal with the matter in the most appropriatemanner. The employee is strongly discouraged from raising this personally withthe guest.

CHARGES

The charges payable by the Client shall be detailed in writing by 73 Oakley Square. If no charges are specified or additionaland varied Services are provided to the Client, the Client shall pay theStandard Charges at the prevailing rate on the day the Services are providedand any additional sums which are agreed between 73 Oakley Square and the Client forthe provision of the Services. 73 Oakley Square may vary the Standard Chargesfrom time to time.All charges quoted to the Client for theprovision of Food and Beverage Services are inclusive of any Value Added Tax atthe applicable rate at the tax point unless otherwise stated.

WEBSITE INFORMATIONAND PRICES

73 Oakley Square information may contains technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to yourtransaction. 73 Oakley Square does not assume responsibility or liability for anysuch inaccuracies, errors, or omissions, and shall have no obligation to honourreservations or information affected by such inaccuracies. 73 Oakley Square reservesthe right to make changes, corrections, cancellations, and/or improvements to 73 Oakley Square information, and to the products and programs described in suchinformation, at any time without notice, including after confirmation of atransaction.

DEPOSIT PAYMENTS

The different requirements for Deposits areset out in the Schedule.

PAYMENT

The payments to 73 Oakley Square to be made bythe Client (including Deposits) are to be made on the date(s) and in theamounts to be calculated as specified in the Schedule.If any services under the contract arevaried prior to arrival then the payment made will reflect the latest detailscontained in the written details of 73 Oakley Square.Any additional charges due to 73 Oakley Square from the Client for the Services shall be paid by the Client on thepresentation of an invoice.At the time of booking or before arrival, apre-authorisation of up to the cost of your first nights’ accommodation can bemade for all non-prepaid accommodation bookings.For all guests arriving at the hotel, 73 Oakley Square reserves the right to pre-authorise a credit card in the amount of the totalspent on room and incidentals. The hotel reserves the right to top up theamount held through the stay if required. 73 Oakley Square is NOT charging yourcredit card. A pre-authorisation is a security guarantee for payment only. Thepre-authorisation amount is not held by the hotel, the company that providesthe credit card system or the authorising bank. The pre-authorisation amount isheld on your card by your own issuing bank. A pre-authorisation can be held onyour card for a minimum of five to 15 working days. Pre-authorisation should bereleased by your issuing bank automatically, if not, you will need to contactyour home issuing bank. If you are unable to provide 73 Oakley Square with a creditcard on check-in, a debit card can be used but please note, full prepaymentwill be required on arrival instead of an authorisation.Advance to 73 Oakley Square Rate: Please notepayment will not be taken from your credit card at the time of booking.  Amember of our Reservations Team will be in touch with you within 24 hours inorder to proceed with the payment of your reservation. Please kindly be informedthat your reservation will only be confirmed once the payment has been received.This payment is not refundable in the event of any amendment or cancellation.Cash Payment is not accepted – a validcredit or debit card must be provided and adequate authorisation taken.All charges are to be settled prior to theclient leaving the hotel. The client is deemed to have authorised the settlingof all outstanding charges which can be processed by the Hotel using any creditor debit card details held on file.Commission payments will only be made by 73 Oakley Square for rooms reservations that are not more than 12 months past the guestdeparture/ reservation date.  The commission invoice must be receivedwithin six months of the departure/reservation date.

CANCELLATION CHARGES(‘NO SHOWS’)

The Client agrees to pay charges to 73 Oakley Square in the event of cancellation of the Services or if the Client and/or theirguests fail to take up the Services at the time and on the day specified in theContract. The cancellation charges are calculated by reference to the Scheduleattached. 73 Oakley Square will provide a cancellationnumber to a Client in the event of the Client making a cancellation and thatnumber must be used in any future dealings with 73 Oakley Square.

VARIATION IN SERVICESREQUIRED

Any variation of numbers, accommodation andfood and beverage requirements specified for the Services or other changes oradditions must be agreed upon by the Client and 73 Oakley Square in writing.

LIABILITY OF 73 OAKLEY SQUARE

When 73 Oakley Square supplies the Services whichinclude any services supplied by a third party, 73 Oakley Square does not give anywarranty, guarantee or other terms as to their quality, fitness for purpose orotherwise, but shall, where possible, assign to the Client the benefit of anywarranty, guarantee or indemnity given by the person supplying the services to 73 Oakley Square. 73 Oakley Square shall have no liability to theClient for any loss, damage, costs, expenses or other claims for compensationarising from any instructions supplied by the Client which are incomplete,incorrect, inaccurate, illegible, out of sequence or in the wrong form, orarising from their late arrival or non-arrival, or any other fault of theClient.Except in respect of death or personalinjury caused by 73 Oakley Square's negligence, or as expressly provided in theseTerms, 73 Oakley Square shall not be liable to the Client by reason of anyrepresentation (unless fraudulent), or any implied warranty, condition or otherterms, or any duty at common law, or under the express terms of the Contract,for any loss of profit or any indirect, special or consequential loss, damage,costs, expenses or other claims (whether caused by the negligence of 73 Oakley Square,its servants or agents or otherwise) which arise out of or in connection withthe provision of the Services (including any delay in providing or failure toprovide the Services) or their use by the Client, and the entire liability of 73 Oakley Square in connection with the Contract shall not exceed the number of 73 Oakley Square's charges for the provision of the Services, except as expressly provided inthese Terms.

CANCELLATIONS BY THE HOTEL

The Hotel may cancel the Booking:

1. If the booking might prejudice the reputation of the Hotel;
2. If the Hotel becomes aware of any deterioration in the Client’s financial situation such that the Hotel reasonably considers the Client may not be able to fulfil its material obligations under the Agreement; or
3. If the Client fails to pay any sum when due.

73 Oakley Square may (without limiting any otherremedy) at any time terminate the Contract by giving written notice to theClient due to unforeseen or extraordinary circumstances. If it has to do so, itwill notify you as soon as possible. 73 Oakley Square may (at its discretion) offeryou an alternative date and/or product if it is able to do so, and inform youof its impact on the price of your booking. 

CLIENTRESPONSIBILITIES

Smoking is prohibited in all public areas ofthe hotel including all apartments. To ensure the comfort of our non-smokingguests, a charge will be applied for smoking in any apartment.ACCOMMODATION GUESTSArrival and departure times foraccommodation at 73 Oakley Square are 3:00pm. and 11am respectively and must bestrictly adhered to by the Client on all occasions.The Client is responsible for the behaviourof his, or her or its guests at 73 Oakley Square and in particular for the orderlyconduct of guests staying in 73 Oakley Square or otherwise making use of theServices. The Client must ensure that no noise or nuisance is caused either forthe Marloes or its other guests and Clients. The Client must comply with anyreasonable request of 73 Oakley Square and with any policies of 73 Oakley Square as mayapply to the Services from time to time.Should a resident of the hotel wish for anyitem to be received or helped by 73 Oakley Square prior to arrival or followingdeparture, advance notice will be required. The hotel retains the right to denyreceipt of such items. Any costs incurred for the return will be borne by thesender. All items are left at the owner’s risk and may be subject to search.Please note that should an item be locked or sealed it is the responsibility ofthe owner of the item to facilitate access. 73 Oakley Square is not liable for anyflood, fire or damage to the items. 73 Oakley Square requires guests to provide photographicidentification during check-in.  Non-UK residents are kindly requested toprovide a valid passport, while UK residents have the option to present eithera valid passport or a full UK driving licence.All visitors to guest accommodation mustregister on arrival and provide photographic identification.

CCTV

In the public areas of 73 Oakley Square and somestaff areas CCTV is in operation and video recordings may be made. Thisactivity is carried out for security and service reasons for the bettermanagement of 73 Oakley Square and security for all its Clients and staff.

PHOTOGRAPHY ANDFILMING

All professional photography or filming MUSTbe authorised by a member of 73 Oakley Square Leadership Team. No professionalphotography or filming can take place in any area of 73 Oakley Square, under anycircumstances, without an assigned representative from 73 Oakley Square present. Useof The 73 Oakley Square brand name, photography, videography, 73 Oakley Square images and any 73 Oakley Square (or associated) logos including trademarks or trade names requiresthe prior written consent of 73 Oakley Square. None of the aforementioned can beused by any other entity for any commercial purpose. Members of 73 Oakley Square staffand 73 Oakley Square uniforms or part thereof cannot be used in the photography orfilming and no staff role can be impersonated for the purposes of thephotography or filming.  73 Oakley Square will take appropriate legal action torestrain any misuse or unauthorised usage of 73 Oakley Square collateral listedabove.

INTELLECTUAL PROPERTYRIGHTS

All information, data and materialspresented on this website and all 73 Oakley Square social media accounts, includingnames, logos, content, etc., as well as the colour scheme and the layout of thewebsite, are subject to copyright, trademark rights, database rights and/orother intellectual property rights. You may use such content only if authorisedby 73 Oakley Square and strictly required for permitted personal, non-commercialpurposes. Any other use and/or reproduction of such content, without the priorwritten consent of 73 Oakley Square, is prohibited and will constitute a breach ofthese Terms of Use and may infringe 73 Oakley Square’s intellectual property rights.

CREDIT CARD GUARANTEERESERVATIONS AND PRE-PAYMENT

Please ensure that you arrive in plenty oftime and bring a copy of your email booking confirmation. If you have prepaidin advance please also bring the credit/debit card you used to make thebooking.

EMAILS

You will receive emails including requestsfor feedback, related to your dining experience. In addition, if selected byyou at the time of making your booking (or at some other time), you may alsoreceive information on our special offers and new information about 73 Oakley Square.

GENERAL

The Contract constitutes the entireagreement between the parties, supersedes any previous agreement orunderstanding and may not be varied except in writing between the parties. Allother terms, express or implied by statute or otherwise, are excluded to thefullest extent permitted by law.No failure or delay by either party inexercising any of its rights under the Contract shall be deemed to be a waiverof that right, and no waiver by either party of any breach of the Contract bythe other shall be considered a waiver of any subsequent breach of the same orany other provision.English law shall apply to the Contract, andthe parties agree to submit to the non-exclusive jurisdiction of the Englishcourts.Credit card detailsmust be provided at the time of booking reservations. 73 Oakley Square must receive all amendments orcancellations two days (48 hrs) prior to arrival in order to avoid charges.On the day of arrival in the event of a “noshow” 100% full payment will be taken if you have provided us with your creditcard. In the case, that the guest is paying with a voucher then the voucherwill be validated and cannot be used.Individual (up to 5) Room BookingsTo confirm the booking at any time a creditcard guarantee or a deposit equivalent to the total price of the accommodation paidby BACS must arrive by 3pm (UK) seven days prior to arrival. Photoidentification is required on check-in if the reservation is made on the sameday as the arrival date. Please note that payments by cash or cheque are nolonger acceptable.Different room rates and accommodationpackages have different cancellation policies, please check your reservationconfirmation to confirm the applicable cancellation policy.On arrival, payment in full to have beenreceived and signature verified to guarantee full payment. Please note thatpayments by cash or cheque are no longer acceptable.On departure, payment must be made in full. Pleasenote that payments by cash or cheque are no longer acceptable.Group (5 or more) roomsBoth parties must sign the contract and The Marloes must have received a 25% deposit of the totalcontracted revenue for the booking to be confirmed. This deposit is non-refundable. 73 Oakley Square must have received two (2)months (8 weeks) prior to arrival, 50% of the proforma invoice to be paid. 73 Oakley Square must have received one (1) month(4 weeks) prior to arrival, the remaining 25% of the prepayment to be made ofall anticipated charges as per the proforma invoice.On arrival, payment in full is to have beenreceived and credit card details for incremental charges are to be verified.On departure, payment in full is to be madeof incremental charges incurred by the group.Schedule of Cancellation Charges for Accommodation:More than 3 months prior to the arrival, upto 50% of the rooms can be released without charge. Additional rooms releasedwill be charged at the agreed nightly rate.3 months – 6 weeks prior to the arrival, upto 25% of the rooms can be released without charge. Additional rooms releasedwill be charged at the agreed nightly rate.6 weeks – 4 weeks prior to the arrival, upto 10% of the rooms can be released without charge. Additional rooms releasedwill be charged at the agreed nightly rate.4 weeks or less prior to the arrival, allrooms released will be charged at the agreed nightly rate.DEFINITIONSIn these terms:“Contract” means the contract for theprovision of the Services including these Terms and, as appropriate, anywritten description given by the Marloes.“External Contractor” means productioncompanies, audio-visual companies, television, video or film crews, musicians,bands, live acts and any other performers, toastmasters, florists,photographers and designers and any other person who is contracted by theClient in connection with any of the Services.“Services” means the provision ofaccommodation and/or supply of food and beverages and other services by the Marloesfor the Client described in writing by 73 Oakley Square and on its website or in itsbrochure.GENERAL TERMS FOR EXTERNAL CONTRACTORS AND INDEMNITY 73 Oakley Square must be notified by the Clientof any External Contractor the Client proposes to use and must obtain thepermission of 73 Oakley Square to use the External Contractor at 73 Oakley Square. 73 Oakley Square reserves the right to refuse access to any External Contractor.  Should the Client, their Guests or External Contractors engage in anyconduct which, in the Hotel’s view, is unacceptable then the Hotel will requestfor this conduct to cease with immediate effect.  Failure to comply withsuch requests will result in the Clients, Guests or External Contractors beingasked to leave the premises.Should the Clients, their Guests or ExternalContractors plan to give any kind of display, demonstration or performance thanthe Hotel must be advised of the entire programme, content and nature of thisat the time of booking.  Failure by the Client to disclose thisinformation may result in the Client’s reservation being immediately cancelledby the Hotel.The Client must on request supply to 73 Oakley Square copies of public liability insurance policies with a minimum limit of liabilityof £5 million per claim or such other insurance as may be required from 73 Oakley Square and the receipts for the last premium due for all External Contractors to coveras a minimum any damage or injury to 73 Oakley Square or any of its property, staff,any plant and equipment of 73 Oakley Square, any guest of the Client or 73 Oakley Square or of any Client resulting from any activity of the External Contractor orarising out of the External Contractor being on the premises of 73 Oakley Square orin respect of any equipment brought onto 73 Oakley Square premises by the ExternalContractor.Any electrical, or audio-visual equipmentthe Client wishes to use that is not the property of 73 Oakley Square can only bebrought into 73 Oakley Square and used with 73 Oakley Square's written permission.All such equipment must comply with the I.E.E. regulations and safetystandards. 73 Oakley Square may at its discretion arrange for its own contractors toinspect any such equipment. The cost of such inspection shall be borne by theClient. The Client will comply with any requirement or direction imposed by 73 Oakley Square following such inspection.The Client will comply with the policies of 73 Oakley Square in connection with the construction of any stand, exhibition stand,scaffolding, the use of any plant and equipment that it wishes to bring into 73 Oakley Square and as may generally apply from time to time.The Client will indemnify the 73 Oakley Square inconnection with any loss or damage caused to 73 Oakley Square, its staff,contractors, clients and guests or to any property of 73 Oakley Square or any suchpersons arising out of the engagement of any External Contractors or if theClient itself brings onto the premises any equipment, plant or machinery inrespect of any loss, damage, costs including legal costs that 73 Oakley Square shallincur.No signage is permitted by 73 Oakley Square inany other part of 73 Oakley Square and in particular within the public areas.The Client will comply with the termsapplying to photography. Urban H Limited, Suite B4, 93 Gloucester Place, London, W1U 6JQ Registered in England No 12002290