1. TERMS & CONDITIONS
1.1 These Terms and Conditions apply to all Contracts made between any affiliate of MStay Hotel 43 (as listed in appendix 1 and hereafter referred to as The Property Provider) and its Clients and apply to the provision of all Services.
1.2 Clients are asked to read these Terms and Conditions and note their responsibilities, the payment arrangements, cancellation terms and limitation on liability of The Property Provider. Please note that all Contracts are conditional on receipt of the Pre-authorisation Charges and Deposit Charges. Terms beginning with capital letters shall have the meanings given to them in appendix 2.
1.3 The headings in these Terms are for convenience only and shall not affect their interpretation.
1.4 These Terms & Conditions and any subsequently provided Reservation Confirmation and amendments thereto in writing (including email communication) shall comprise the only and complete agreement between The Property Provider and the Client.
2. PROVISIONAL RESERVATION AND CONFIRMATION OF RESERVATIONS
2.1 Upon receipt of a reservation from a Client a Provisional Reservation will become unconditional after the Client has supplied valid credit or debit card details and upon receipt by the Property Provider of Pre-authorisation Charges.
2.2 If credit card details have not been provided by the Client and Pre-authorisation Charges have not been obtained then the Services that are the subject of the Provisional Reservation may be released and be resold without any further notification to the Client.
3. SUPPLY OF THE SERVICES
3.1 The Property Provider shall provide the Services to the Client subject to the Contract.
3.2 The Client shall at its own expense supply The Property Provider with all necessary data or other information relating to specific requests for any Varied and Additional Services within sufficient time to enable The Property Provider to provide such. The Client shall ensure the accuracy of all such information. Specific information requirements are contained in the Reservation Confirmation.
3.3 The Property Provider may at any time without notifying the Client make any changes to the Services which it deems are necessary to comply with any applicable health and safety or any other statutory requirements, or which do not materially affect the nature or quality of the Services.
4.1 The Charges payable by the Client shall be detailed in writing by The Property Provider in the Reservation Confirmation. If Varied and Additional Services are requested by the Client, in addition to those detailed in The Reservation Confirmation, then the Client shall, without any other written confirmation of payment terms, pay the Standard Charges for such Services at the prevailing rate on the day the Services are provided.
4.2 The Property Provider may vary the Standard Charges from time to time.
4.3 All Charges and Standard Charges quoted to the Client for the provision of the Services are, where applicable, inclusive of any Value Added Tax at the applicable rate at the tax point unless otherwise stated.
5. DEPOSIT PAYMENTS
5.1 All other Reservations are, at the discretion of The Property Provider, subject to the right for the Property Provider to receive a non-refundable deposit calculated at the rate included in the Reservation Confirmation for one night's accommodation. This deposit, if requested, is required at least 6 days prior to Arrival. If the deposit is required other than 6 days prior to Arrival The Property Provider will notify the Client of the time in the Reservation Confirmation. 5.3 Any Deposit Charges will be deducted from amounts due in accordance with the payment terms detailed in the Reservation Confirmation.
6.1 Payments to The Property Provider are to be made by the Client (including Deposits) on the date(s) and in the amounts to be calculated as specified in the Booking Confirmation. Unless stated otherwise in the Booking Confirmation all Charges (other than any Deposit) are to be paid on check-in at the Property Provider's accomodation.
6.2 If a client requests a variation to any Services detailed in a Reservation Confirmation or these Terms prior to Arrival then the amounts due and payments to be made may, if higher, reflect the latest Standard Charges.
6.3 Any additional charges due to The Property Provider by the Client for the Services, arising from 4.1 and 6.2 above shall be paid by the Client upon check in.
6.4 The Client will be liable to pay for the cost of repair of any damage made by the client to The Property Providers' premises. The reasonable cost of such damage will be calculated at the sole discretion of The Property Provider and charged to the Client's credit card.
6.5 The Client must pr ovide valid credit card details before or upon arrival at the premises as a guarantee of payment for any damages made to any accommodation arising from Clause 6.4 above. The client agrees that the by providing the credit card details on or before arrival that the reasonable costs of repairs may be charged to the credit card.
7. CANCELLATION CHARGES
7.1 The Client agrees to pay The Property Provider compensation in the event of the Client cancelling a reservation for Services late or after a No Show. Late cancellation means any reservation cancelled less than 72 hours prior to Arrival. Such compensation shall be calculated at the rate included in the Reservation Confirmation for the first night's accommodation.
8. LIABILITY OF THE PROPERTY PROVIDER
8.1 The Property Provider shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any written instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or which arise from their late Arrival or No Show, or any other fault of the Client. For clarification in no circumstance may any instructions be provided otherwise than in writing.
8.2 Except in respect of death or personal injury caused by The Property Providers' negligence, or as expressly provided in these Terms, The Property Provider shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, 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 The Property Provider, its servants or agents or otherwise) which arise out of or in connection with the provision of the Services (including any delay in providing or failure to provide the Services) or their use by the Client.
8.3 In respect of death or personal injury caused by The Property Providers' negligence the entire liability of The Property Provider under on in connection with the Contract shall not exceed the amount of The Property Provider's charges for the provision of the Services, except as expressly provided in these Terms.
8.4 Clients and Guests are advised that all accommodation provided under this Contract is located in a touristic and busy urban area. The Property Provider shall have no liability to a Client for any claim for compensation arising from noise outside of the premises and the Client may not make any deduction from any Charges as a result of noise.
9. CLIENT RESPONSIBILITIES
9.1 Arrival time for accommodation is between 2pm and midnight and departure time no later than 12 pm.
9.2 The Client is responsible for the behaviour of him or herself and in particular of their Guests at The Property Providers' accommodation. The Client must ensure that no undue noise (and between the hours of 11pm-8am no noise) or nuisance is caused to theThe Property Provider, its employees and any other Guests and Clients. The Client must comply with any reasonable request of the management at The Property Provider and with any policies of The Property Provider as may apply to the Services from time to time.
AFFILIATES OF MAGICSTAY
MagicStay is contracting on behalf of the owners of each of the above hotel and serviced apartment accommodations. The following hotels and serviced apartment accommodations are affiliated to MagicStay and Contracts are covered by these ACCOMMODATION
Apart Hotel 73
MStay Hotel 43
27 Paddington Hotel
Royal Hyde Park Hotel
Hotel 82 London
Russell Court Hotel
MStay 39 Studios
Appendix 2 Terms
Terms shall have the following meanings:
The date and time on which the Facilities are to be provided or shall start to be provided by The Property Provider and detailed in the Reservation Confirmation, normally from 2pm on the day of arrival;
Charges for Late cancellation and No show as detailed in clause 7;
The charges for Services detailed in the Reservation Confirmation and these Terms;
The person for whom The Property Provider has agreed to provide the Services in accordance with these Terms;
The contract for the provision of the Services including these Terms as appropriate including the Reservation Confirmation;
Deposit and Deposit Charge
The payments specified in clause 5 and the Reservation Confirmation;
GuestThe person on whose behalf the Client has under this Contract purchased the Services;
When a Client and/or their Guests fail to take up the Services at the time and on the date specified in the Contract;
A preauthrisation authority to be obtained from the credit or debit card issuer to take payment for the Deposit Charge, Cancellation Charges and Security Charges;
Any confirmation of a reservation for Services provided to a Client in a Provisional Reservation Confirmation before Pre-authorisation Charges have been satisfactorily received by The Property Provider;
Provisional Reservation Confirmation
Any correspondence, including any email, who's Subject refers to Provisional Reservation Reservation Confirmation any written confirmation (including email) provided by The Property Provider to the Client detailing the Services and their Charges, Deposit and Deposit Charge sent to a client (including email) after satisfactory receipt of Pre-authorisation Charges. Security Charges The charges specified in clause 6.4;
The provision of accommodation, function room hire and/or supply of food and beverages and other services by The Property Provider to the Client as described in writing by The Property Provider in any communication including its website or brochure;
The charges shown in any brochure of The Property Provider or other published literature relating to the Services in force from time to time or on its website. Credit card payaments will attract a 2% surcharge;
Terms or Conditions
These terms and conditions Varied and Additional Services
Any other services not described in writing by The Property Provider in any communication, including its website or brochure, and the timing and delivery of Services at a different time, place or method described in writing by The Property Provider in any communication, including its website or brochure.