THESE TERMS AND CONDITIONS APPLY TO THE CONTRACT BETWEEN SKYRAY HOLIDAY APARTMENTS, WHO HAS ITS REGISTERED OFFICE AT 67-1/1, BASEMENT UNIT, STACE ROAD, COLOMBO 14, SRI LANKA (REFER TO AS “WE” or “US”) AND YOU FOR THE HIRE OF SERVICED HOLIDAY APARTMENT ACCOMMODATION.
IT IS AGREED AS FOLLOWS:
- THE ACCOMMODATION
1.1 We shall provide and you shall hire the Apartment for the Hire Period, at the Agreed Price and upon the terms of this Agreement.
1.2 We shall additionally provide:
(a) Routine maintenance services as are required to keep the Apartment in good and working condition;
(b) Cleaning and fresh bed linen, provided weekly; and
(c) Furniture and Appliances.
1.3 We give you the right to use the Apartment for the Hire Period. This right shall expire at the end of the Hire Period (subject to any earlier termination in accordance with this Agreement) or at the expiry of any period of extension of the Hire Period.
1.4 You acknowledge that this Agreement does not give rise to an assured short hold tenancy or lease and is an excluded agreement.
- BOOKING AND PAYMENT
2.1 At the outset you must provide us with sufficient information to conclude a Booking. We reserve the right to reject any Booking.
2.2 Any special requests relating to the hire of the Apartment should be notified prior to Booking. We will use reasonable endeavors to accommodate any special requests and special requests may incur Additional Charges.
2.3 Payment of the Agreed Price full payments is due at the time confirming of Booking, unless otherwise agreed. Where you default on payment, we may terminate this Agreement immediately upon notice to you.
2.4 We may also accept payments via Cheque or bank transfer or by cash payments.
2.5 Unless otherwise agreed in writing, for every full or part day the Apartment has not been returned beyond the agreed date of return we may charge a full day’s hire at current hire rates for each part or full day the Apartment is not returned to us. Payment of any such further charges shall be made upon demand and you authorize us to take such further charges from security refundable deposit you have made to make the Booking.
2.6 You shall not have any right of set-off against, deduction, counterclaim or withholding of any amount payable by you under this Agreement.
2.7 Payment for Extensions is due before the expiry of already agreed period.
- CANCELLATIONS
3.1 Any Booking cancellations must be notified to us in writing.
3.2 Where you give notice of cancellation at least 14 days’ prior to the commencement of the Hire Period, no cancellation charge shall apply.
3.3 Where you give atleast prior14 days’ notice of cancellation, we may charge a cancellation fee equivalent to 25% of the agreed payment.
3.4 Where you give atleast prior 7 days notice of cancellation, we may charge a cancellation fee equivalent to 50% of the agreed payment.
3.5 Where you fail to arrive and check-in to the Apartment as agreed we charge the full agreed payment.
- ARRIVAL AND DEPARTURE
4.1 You may check-in to the Apartment from 13:00 hours onwards on the first day of the Hire Period, unless agreed otherwise with us.
4.2 You must check-out of the Apartment by 11:00 hours on the last day of the Hire Period. Failure to do so may result in further charges pursuant to clause 2.6 above.
4.3 Earlier check-in or later check-out is subject to availability and may incur Additional Charges.
4.4 We will provide you with more specific instructions relating to check-in (including key collection) prior to the commencement of the Hire Period; and check-out instructions (including key return) upon your arrival at the Apartment.
- YOUR OBLIGATIONS
5.1 You shall throughout the Hire Period:
5.1.1 Shall use the Apartment as private residential accommodation only;
5.1.2 Ensure that the number of persons using the Apartment does not exceed the maximum number of people allowed, notified by you upon Booking and based upon the number of bed places in the Apartment;
5.1.3 Keep the Apartment at all times in good repair, condition and in a clean and tidy state;
5.1.4 Not repair or attempt to repair or carry out work to the Apartment or allow any third party to do so unless instructed so to do by us in writing;
5.1.5 Notify us immediately upon causing or becoming aware of any damage to the Apartment or its contents;
5.1.6 Not allow any pets or animals to enter the Apartment;
5.1.7 Not smoke in the Apartment common areas;
5.1.8 Not cause (or invite anyone into the Apartment who causes) a nuisance or disruption to occupiers of nearby premises;
5.1.9 Not behave in an abusive or threatening manner toward the apartment other occupants or our staff;
5.1.10 not removes any Furniture and Appliances or other items from the Apartment;
5.1.11 return the Apartment to us at the end of the Hire Period or upon the earlier termination of this Agreement in accordance with the terms of this Agreement and in good repair, condition and in a clean and tidy state; and
5.1.12 indemnify us and keep us indemnified on demand for all claims, liabilities, losses, costs and expenses (including legal fees) incurred or suffered by us (except any incurred as a result of our default) in connection with this Agreement or in connection with any use or misuse of the Apartment.
5.2 You agree to give us or our authorized representatives’ permission at all reasonable times to enter the Apartment to inspect the condition of the Apartment.
5.3 If you default in any of your obligations under this Agreement, we may terminate this Agreement immediately upon notice to you.
- SECURITY REFUNDABLE DEPOSIT
6.1 Please ensure that you inspect the Apartment immediately upon check-in and on arrival. Unless we receive notification otherwise within 24 hours of check-in and arrival, we will be entitled to assume that you have fully accepted that the condition of the Apartment is as per the Inventory and in a clean and tidy state.
6.2 Damage to the Apartment and Furniture and Appliances will pass to you after your check-in and arrival and shall remain with you until the Hire Period has expired or the Apartment is returned to us in accordance with the terms of this Agreement. You shall make well to us all loss or damage whatsoever of or to the Apartment occurring during or arising from the Hire Period such loss or any damage.
6.3 A security refundable deposit to cover your obligations under this clause 6 may be taken at or prior to arrival and check-in to the Apartment. This may be in the form of a cash payment. Security refundable deposit paid will be returned to you (after any payment authorization) upon the Apartment being returned to us in accordance with the terms of this Agreement. Where you are liable for loss or damage under clause 6.2 above we may withhold some or all of your deposit to cover our loss and damage and our administration fees associated with repairing the Apartment, furniture and appliances.
- ADDITIONAL CHARGES
7.1 Additional Charges which may be payable include those for any additional items specified in the Booking.
7.2 In the case of Additional Charges becoming payable, you must pay Additional Charges by cash payment to us.
- EXTENSIONS AND CHANGES
8.1 Should you wish to extend the Hire Period a request must be submitted to us and we may at our discretion and subject to availability, grant such request. And you must pay by cash payment immediately on our confirmation.
8.2 Where the apartment specified in the Booking becomes unavailable due to unavoidable reasons prior to the commencement of the Hire Period, we may relocate you to an apartment of similar type and standard in a similar location. Where such alternative apartment is priced lower than the apartment specified in the Booking, the Agreed Price shall be reduced accordingly. Where such alternative apartment is priced higher, the Agreed Price shall remain the same.
- INSURANCE AND LIABILITY
9.1 We shall have no liability whatsoever (whether for breach of contract, tort (including but not limited to negligence) or breach of statutory duty) for any loss of profit, loss of or damage to goodwill, increased costs, loss of anticipated savings, loss of business, loss of reputation, theft of, loss of or damage to your property and any special, indirect or consequential losses or damages, and in any event, our total aggregate liability for all losses or damages suffered or incurred by you (whether arising through breach of contract, tort (including but not limited to negligence) or any breach of statutory duty) shall not exceed the aggregate Agreed Price paid by you.
9.2 You shall be solely responsible for and hold us fully indemnified against all claims, demands, liabilities, losses, damages, proceedings, costs and expenses suffered or incurred by us as a result of any breach or default on the part of you, your employees or agents in the discharge of your obligations under this Agreement.
9.3 You have selected the Apartment as being fit and suitable for your needs. We make no warranty or representation as to the suitability or fitness for purpose of the Apartment and exclude all liability in this regard. You further acknowledge that, although content on the Website, including any photographs, drawings or plans of the Apartment, is published in good faith, we do not warrant that any of the content accurately or completely describes the Apartment. Actual Apartment size, design, fixtures, furnishings and facilities may vary.
- COMPLAINTS
We aim to provide a quality service. If, however, you wish to raise anything you are not satisfied with, please call Client Support on or e-mail. We will try to do our best to solve any problems that arise.
- TERMINATION
11.1 We may terminate this Agreement immediately by giving notice to you if:
11.1.1 You commit any material or persistent breach of this Agreement, or
11.1.2 You shall not allow to be done any act or omission which in our opinion may jeopardize our rights in the Apartment or any part thereof, or if you abandon the Apartment; or
11.1.3 Any balance sum payable by you under this Agreement is not received by us on the due date for such payment and such non-payment is not remedied within 24 hours of you being given notice by us to that effect.
11.2 Upon expiry or termination of this Agreement for any reason whatsoever you shall:
11.2.1 Return the Apartment to us in good repair, condition and in a clean and tidy state, same as how it was given to you; and
11.2.2 Indemnify us against all reasonable costs incurred by us as a result of any failure to comply with such return conditions (as provided in Clause 5).
11.3 Any of our rights arising prior to the termination of this Agreement (howsoever arising) shall remain in force notwithstanding such termination.
11.4 We reserve the right to recover the Apartment from you if you default in surrendering the Apartment back to us. You shall indemnify us and keep us indemnified against any and all costs, losses and expenses (including legal expenses) incurred in retaking possession of the Apartment.
- GENERAL
12.1 Force Majeure
No party will be liable to the other for and delay or non-performance of its obligations under this Agreement arising from any cause or causes beyond its reasonable control including, without limitation, any of the following:
- I) Act of God,
- II) Governmental act,
III) War,
- IV) Fire,
- V) Flood,
- VI) Explosion or civil commotion etc.
12.2 Interpretation
In this Agreement the following words and phrases shall have the following meanings unless the context otherwise requires:
“Agreement” means this agreement;
“Additional Charges” include, but are not restricted to, the additional charges in clause 8 which you are liable to pay for facilities and additional items;
“Agreed Price” means the price at which you agree to hire the Apartment, as identified in the Booking or in any subsequent agreement;
“Apartment” means the apartment identified in the Booking or an apartment of similar type and standard in a similar location;
“Arrival Date” means the first day of the Hire Period, as identified in the Booking or in any subsequent agreement;
“Booking” means an offer from you to us to hire the Apartment on the terms of this Agreement following your provision of sufficient information to enable us to complete our telephone or Website provisional booking process;
“Furniture and Appliances” means such furniture and appliances usually found within the Apartment and any other items which we agree to provide;
“Hire Period” means the period commencing on the Arrival Date and expiring on departure date when handing over of the Apartment back to us;
“Inventory Report” means of the Apartment and its contents;