These Terms are applicable to all Contracts of any kind made by Elmdon Lodge Birmingham ("the Hotel") and it's clients ("the Clients") and apply to all reservations, bookings and agreements for accommodation, dining and use of all the facilities at the Hotel.
Clients are invited to read these provisions and note their responsibilities, arrangements for payments, cancellation terms and limitations on the liability of the Hotel. The Contract is conditional on the payment of the Deposit.
These Terms are governed by English law and apply to all Contracts of any kind made by the Hotel except where the Hotel has agreed in writing other terms. By making a Contract with the Hotel the Client is deemed to accept these Terms.
(1.1) In these Conditions:
"Hotel" means the Elmdon Lodge Hotel, Acocks Green, Birmingham;
"Arrival" means the date on which the Services are to be provided or shall start to be provided by the Hotel;
"Departure" means the date on which the Services terminate;
"Your Stay" means the time between Arrival and Departure;
"Client" means the person for whom the Elmdon Lodge Hotel 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 the Hotel for the Client described in writing by the Hotel and on its website or in its brochure;
"Schedule" means the Schedule of deposits and payments and cancellation terms annexed to this Agreement;
"Standard Charges" means the charges shown in any brochure of the Hotel or other published literature relating to the Services in force from time to time;
"Terms" means these terms and conditions.
(1.2) The headings in the Terms are for convenience only and shall not affect their interpretation.
(2) Provisional Reservation and Confirmation of Reservations
(2.1) If the Hotel confirms the reservation this Contract is conditional on either: the Client supplying credit or debit card details and the authority for charges to be deducted (including cancellation charges) on the payment terms outlined in the Schedule; or the Hotel receiving full payment of a non-refundable deposit from the Client on the payment terms outlined in the Schedule.
(2.2) If credit card details and payment authority is not given to the Hotel by the Client, or if the Hotel has not received full payment of a non-refundable deposit from the Client as outlined in the Schedule, then subject to any outstanding obligation due to the Hotel from the Client the Contract will cease to be of effect. The Services that are the subject of the provisional reservation will be released and be resold without any further notification to the Client.
(2.3) You must be able to enter into a legally binding contract and over 18yrs to enter into a Contract with the Hotel.
(3) Supply of the Services
(3.1) The Hotel shall provide the Services to the Client subject to the Contract.
(3.2) The Client shall at its own expense supply the Hotel with all necessary data or other information relating to the Services within sufficient time to enable the Hotel to provide the Services in accordance with the Contract. The Client shall ensure the accuracy of all such information. Specific information requirements are contained in the Schedule. The Hotel may at any time without notifying the Client make any changes to the Services which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or the quality of the Services.
(3.3) In the rare case that due to unforeseen circumstances we cannot deliver the Clients requested Services or accommodation, the Hotel shall offer equivalent or better Services or accommodation (which may be from a third party).
(4.1) The charges payable by the Client shall be detailed in writing by the Hotel. If no charges are specified or additional and varied Services are provided to the Client, the Client shall pay the Standard Charges at the prevailing rate on the day the Services are provided and any additional sums which are agreed between the Hotel and the Client for the provision of the Services.
(4.2) The Hotel may vary the Standard Charges from time to time.
(4.3) All charges quoted to the Client for the provision of the Services are inclusive of any Value Added Tax at the applicable rate unless otherwise stated.
(4.4) Standard Charges for accommodation are advertised on a per room per night basis. Standard Charges for accommodation do not include other costs you may choose to incur during Your stay (unless otherwise stated).
(4.5) Standard Charges and rates quoted are correct only for the specific number of guests, nights and dates at time of enquiry. Should the Client change the number of guests, dates or room nights, then the Charges are subject to change.
(5) Deposit Payments
(5.1) Deposits are non refundable.
(5.2) The different requirements for Deposits are set out in the Schedule.
(6.1) The payments to the Hotel to be made by the Client (including Deposits) are to be made on the date(s) and in the amounts to be calculated as specified in the Schedule.
(6.2) If any services under the Contract are varied prior to arrival then the payment made will reflect the latest details contained in the written details of the Hotel.
(6.3) Any additional charges due to the Hotel from the Client for the Services shall be paid by the Client on presentation of an invoice.
(6.4) Advance Purchase Rates: For room reservations made using the advance purchase rate full payment will be taken at the time of booking. This payment is not refundable in the event of any amendment or cancellation.
(7) Cancellation Charges ("NO SHOWS")
(7.1) The Client agrees to pay charges to the Hotel in the event of cancellation of the Services or if the Client and/or their guests fail to take up the Services at the time and on the day specified in the Contract. The cancellation charges are calculated by reference to the Schedule attached.
(7.2) The Hotel will provide a cancellation reference to a Client in the event of the Client making a cancellation and that number must be used in any future dealings with the Hotel.
(8) Variation in Services Required
(8.1) Any variation of numbers, accommodation and food and beverage requirements specified for the Services or other changes or additions must be agreed by the Client and the Hotel in writing.
(9) Liability of the Hotel
(9.1) When the Hotel supplies the Services which include any services supplied by a third party, the Hotel does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign to the Client the benefit of any warranty, guarantee or indemnity given by the person supplying the services to the Hotel.
(9.2) The Hotel shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Client.
(9.3) Except in respect of death or personal injury caused by the Hotel's negligence, or as expressly provided in the Terms, the Hotel 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 Hotel or otherwise), which arise out do or in connection with the provision of the Services (including any delay in providing or a failure to provide the Services) or their use by the Client, and the entire liability of the Hotel in connection under or with the Contract shall not exceed the amount of the Hotel's charges for the provision of the Services, except as expressly provided in these Terms.
The Hotel (without limiting any other remedy) at any time terminate the Contract by giving written notice to the Client if the Client commits any breach of these Terms, or if the Client goes into liquidation, becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed.
(11) Client Responsibilities
(11.1) Arrival and departure times for accommodation at the Hotel are 2.00 p.m. until 10.00 p.m. and 11.00 a.m. respectively. Clients should confirm their expected arrival time with the Hotel prior to Arrival.
(11.2) The Client is responsible for the behaviour of his, her or its guests at the Hotel and in particular for the orderly conduct of guests attending any function or staying in the Hotel or otherwise making use of the Services. The Client must ensure that no unreasonable noise or nuisance is caused either for the Hotel or its other guests and Clients. The Client must comply with any reasonable request of the Hotel and with any policies of the Hotel as may apply to the Services from time to time.
(11.3) Smoking is prohibited in all interior areas of the Hotel, including the bedrooms, dining room and lounge.
|Time-Table||Client Requirements*||Cancellation Charges**|
|To confirm booking at any time.||
A credit card guarantee, or deposit to be paid by cheque or cash equivalent to first nights accommodation within 5 working days of the enquiry to secure. If the enquiry is made less than 5 working days before expected check-in, then deposit should be paid as soon as possible and before 2 p.m. the day prior to arrival.
Photo identification is required during the check-in process if a reservation is made for accommodation on the same night.
|If deposit not paid within 5 working days then reservation cancelled with no charge. In the event of cancellation after the room is secured and within 2 weeks of your arrival, then 10% of your deposit will be forfeit.|
|By 2pm, 48 hours prior to arrival.||One night's room charge (for each room booked).|
|On arrival.||Payment to have been made in full (advance bookings).|
|On departure.||Payment to have been made in full (all bookings). Payment of any additional charges incurred during stay.|
For Services involving accommodation, the Client must supply rooming lists to the relevant contact of the Hotel on the date(s) calculated by reference to the Schedule. Failure to provide a rooming list by this time will be deemed cancellation of the booking and the cancellation charges detailed in the Contract will be applicable. Cancellation charges will also be payable should the number of rooms required reduce by more than 10% of the total specified in the Contract based on the total numbers cancelled.
**All cancellation charges are subject to possible full reimbursement if accommodation is re-let and payment has been in accordance with Contract.