HOMIE THE COMFORT SPACE LIMITED
Terms and Conditions
Agreement: These terms and conditions (Terms) are between Homie The Comfort Space Limited (16567846), a company incorporated in England and Wales (we, us or our) and you, the person booking or receiving the benefit of a booking (you or your).
1. Acceptance: You accept these Terms by making a Booking with us.
2. Bookings: In consideration for the mutual promises considered herein, you may request and we may agree to provide the bookings for property viewings to you pursuant to these terms and conditions. The Bookings are those chosen by you as set out on our website, in our online booking form or in person when you book.
You may make Bookings through our website (Site) or by otherwise contacting us. Your Booking is confirmed once we provide you with a booking confirmation email. We reserve the right to decline any Booking at our discretion.
3. Viewings: Where you make a Booking you may request and we may provide an in-person viewing or an online, virtual viewing. You can also choose the time and date for your Booking, subject to availability.
4. Cancellations and rescheduling: You may request to cancel or reschedule a Booking by contacting us or online. For cancellations or rescheduling:
(a) with more than 24 hours’ notice: you may transfer your Booking to another available time,
(b) with less than 24 hours’ notice (or where you are more than 10 minutes late or do not show up): your Booking will be forfeited.
5. Site: when using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
(a) anything that would constitute a breach of an individual’s privacy or any other legal rights;
(b) using the Site to defame, harass, threaten, menace or offend any person;
(c) using the Site for unlawful purposes;
(d) interfering with any user of the Site;
(e) tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
(f) using the Site to send unsolicited electronic messages;
(g) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
(h) facilitating or assisting a third party to do any of the above acts.
6. Content: While we use reasonable attempts to ensure the accuracy and completeness of the content and materials on the Site (Content), to the extent permitted by law (including the Consumer Rights Act 2015), we do not warrant the accuracy, completeness or suitability of any of the Content. The Content may be subject to change without notice and we do not undertake to keep the Site up-to-date. The Content is factual information only, is not comprehensive and is for general information purposes only. We also do not warrant that access to the Site will be uninterrupted, error-free or free from viruses.
7. Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us.
8. Your Obligations: You agree that you will:
(a) comply with our reasonable requests and requirements;
(b) provide accurate information to us;
(c) not attend if you are suffering from any illness that could risk others’ health or safety;
(d) attend Bookings punctually;
(e) you will not damage, remove or interfere with any property, fixtures, or fittings in relation to any Bookings;
(f) inform us of any physical or medical conditions that may affect your participation; and
(g) treat our premises, staff and equipment with respect.
9. Your Warranties: You represent and warrant that you agree and acknowledge that we cannot guarantee:
(a) any property you book will be available; and
(b) you will be successful in renting any property that you view.
10. Intellectual Property: Each party will maintain ownership of any intellectual property they independently create prior to or during the duration of these Terms. There will be no transfer of intellectual property rights between the parties, except as explicitly outlined in these Terms.
11. Termination for breach: These Terms may be terminated by either party (the Non-Defaulting Party), with immediate effect, if the other party (the Defaulting Party) fails to fulfil an obligation under these Terms and the Defaulting Party does not correct the breach within 10 business days after receiving written notice from the Non-Defaulting Party.
12. Suspension: We may suspend the provision of Bookings to you:
(a) if we reasonably suspect you are in breach of these Terms; and
(b) while we investigate the suspected breach.
If, following our investigation, we reasonably believe you are in breach of these Terms, we may terminate these Terms immediately, without penalty, by written notice to you.
13. Consumer law: Under the Consumer Rights Act 2015 and other applicable UK consumer protection laws, certain statutory rights apply to the supply of goods and services. In summary, these rights mean that we are required to ensure that the Bookings:
(a) are performed with reasonable care and skill;
(b) are as we describe them to you; and
(c) are carried out within a reasonable time, if we have not agreed the time and date with you.
Nothing in these Terms is intended to affect or limit your rights as a consumer.
14. Liability: We will perform the Bookings with reasonable care and skill. Despite anything else to the contrary, to the maximum extent permitted by law, we exclude all liability for any loss or damage of any kind (including consequential loss, indirect loss, loss of profit, loss of benefit, loss of opportunity or loss of reputation) whether under statute, contract, equity, tort (including negligence), indemnity or otherwise arising out of or in connection with the Site or the Content, including in connection with your use of, or inability to use, the Site, or your use of or reliance on any Content. Subject to your consumer law rights and the following sentence, our total liability under these Terms is limited to £100. We do not exclude or limit in any way our liability to you where it would be unlawful to do so, which includes liability for fraud or fraudulent misrepresentation, and death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors.
15. Confidentiality: Both parties commit to maintaining the confidentiality of any confidential information shared while these Terms are in place.
16. Dispute Resolution: In the event of a dispute, the parties will first attempt to resolve the matter through mutual discussion or mediation.
17. Governing Law: These Terms are governed by the laws of England and Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
18. No third party rights: Nothing in these Terms confers or is intended to confer any right to enforce any of its terms on any person who is not a party to them.
19. Your Content: You may have the opportunity to upload or post content, including text, images, videos, and other multimedia files to the Site (User Content), subject to our approval and these Terms. We reserve the right, at our sole discretion, to allow or prohibit the posting and hosting of User Content on our Site.
By uploading or posting User Content on this Site, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to use, reproduce, distribute, display, and perform the User Content in connection with the Site and our (and our successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.
You are solely responsible for your User Content and the consequences of posting or publishing it. You confirm that you own or have the necessary licences, rights, consents, and permissions to publish the User Content you submit.
You agree that any User Content you provide does not and will not breach any law or infringe the rights of any third party, including copyright, trade mark, privacy, and data protection laws.
We reserve the right to edit or remove any User Content at any time without prior notice, for any reason, and without liability to you or any other party. This can include User Content that we believe violates these Terms or our policies, or which we find otherwise objectionable or inappropriate.
We are not obligated to publish any User Content on our Site and can remove it in our discretion, without notice.
20. Privacy: We will comply with all applicable data protection laws with respect to the transfer or processing of any personal data in connection with these Terms. We handle your personal data in accordance with our privacy policy, available here.
21. Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the parties.
22. Discontinuing the Site: We may, at any time and without notice, discontinue the Site (in whole or in part), or exclude any person from using our Site.
23. Changes to these Terms: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on the Site. We recommend you check the Site regularly to ensure you are aware of our current terms.
24. Subcontracting: We reserve the right to subcontract any portion of the Bookings at our discretion without needing to get your written approval beforehand. We commit to being fully responsible for fulfilling our obligations under these Terms, and we will ensure that any subcontractors we employ will adhere to the terms of these Terms as if we were performing the Bookings directly.
For any questions, please contact us at:
Email: enquiries@homeythecomfortspace.co.uk