Terms and Conditions

Proplynx Business Terms & Conditions

1. Introduction
2. Basis of Agreements
3. Customer Obligations
4. Credit Facilities
5. Intellectual Property
6. Non Solicitation Agreement
7. Amendment or Cancelation by You
8. Amendment or Cancelation by Us
9. Third Party Reservations
10. Occupants
11. Checking-in and Checking-out
12. Facilities and services
13. Pets Policy
14. Smoking
15. Damages
16. Data Protection
17. Rights of access
18. Security of tenure
19. Information Accuracy
20. Circumstance Beyond Our Control
21. Limitation of Liability The Customer Special Attention is Advised Here!
22. Complaints
23. Quality Assurance
24. Termination
25. Law, Jurisdiction and General

1. Introduction

These Terms and Conditions (Terms) set out the basis upon which McNoah Limited – company number 06884703, (trading as and thus hereby refers to as; “Proplynx”) accepts bookings to rent its apartments, and those of its partners (“apartments”), and also sale and purchase of properties on behalf of its customers.  References in these Terms to “we”, “our” or “us” are references to Proplynx and any subsidiaries or divisions of McNoah Limited.  References to “you” or “your” are references to your company. References to “your employee” are references to any occupant of any booking that you make with us, whether that be for an employee of yours, an owner, a director, a customer, a supplier or any person known to you, and any guests of that person.

These Terms set out the basis of your contract with us.  By placing a booking or an order for service with us you are accepting these Terms.  All offers and bookings are subject to availability.

DEFINITIONS AND INTERPRETATIONS

The following definitions and rules of interpretation apply in these Conditions.

Definitions:

Agreement:

The contract between the Customer and Proplynx for the supply of the Services in accordance with these Conditions, the Order and any Schedules.

Business Day:

a day other than a weekend or public holiday in the relevant country where Services are being provided.

Charges:

The charges payable by the Customer for the supply of the Services in the relevant Order, in accordance with clause 8. The prices for any sea freight will be the cost to Proplynx plus an agreed margin.

Conditions:

These terms and conditions as amended from time to time in accordance with clause 11.6.

Consumer Price Index:

The measure of inflation published from time to time by the UK National Statistics Office or the equivalent in any relevant jurisdiction.

Customer:

The person or firm who purchases Services from Proplynx.

Customer Materials:

All information, systems, concepts, brands, logos, illustrations, materials and documents supplied by the Customer to Proplynx.

Data Protection Laws:

Any applicable data protection or privacy laws or regulations including the General Data Protection Regulation (EU) 2016/679, the UK Data Protection Act 2018 and any laws that implement, supersede, replace or override any of those laws or regulations, and the terms “personal data”, “data controller”, “data processor”, “data subject”, “personal subject” and “processing” have the meanings given to those terms in the applicable Data Protection Laws from time to time.

Deliverables:

All documents, products and materials provided by Proplynx to the Customer in relation to the Services.

Event of Force Majeure:

Any circumstance not within a party’s reasonable control including, without limitation, strikes, lockouts or other labour disputes or disturbances, acts of nature, fire, floods, lightning, severe weather, shortages of materials, rationing, utility failures, failure of or delay of any person from which the party must obtain information in order to perform its obligations under the Agreement (other than a Group company of such party), failure or delay in any system of electronically transmitting or receiving information or funds, earthquakes, war, revolution, terrorist act, civil commotion, acts of public enemies, blockade, embargo, or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government.

Group:

in relation to a party, that party, any subsidiary or holding company of that party, and any subsidiary of a holding company of that party.

Intellectual Property Rights:

all copyright, trade marks, service marks, trade, business and domain names, rights in computer software, database rights, rights in confidential information and any other intellectual or industrial property rights, whether registered or unregistered and all similar or equivalent rights or forms of protection in any part of the world.

Order:

a written order for Services in any form that the parties may agree from time to time.

Representatives:

directors, officers, employees, agents, sub-contractors and professional advisers.

Proplynx:

McNoah Limited (Trading as Proplynx) incorporated in England and Wales and whose registered address is 601 International House, 223 Regent Street, London W1B 2QD or any other member of the McNoah Group, as relevant.

Services:

The services, (as may be amended from time to time by agreement between the parties), including any Deliverables, to be supplied by Proplynx to the Customer and as set out in the Specification.

Specification:

The description or specification of the Services provided in writing by Proplynx to the Customer.

Supplier IPRs:

All Intellectual Property Rights subsisting in the Deliverables excluding any Customer Materials incorporated in them.

Interpretation:

(a) a reference to a statute or statutory provision includes it as amended or re-enacted, and any subordinate legislation.

(b) including, include, in particular or any similar expression is illustrative and will not limit the sense of the words preceding those terms.

(c) writing or written includes email.

(d) a party means each party to the Agreement, including its successors or assigns.

2. Basis of Agreement

2.1

The Order is an offer by the Customer to purchase Services in accordance with these Conditions.

2.2

The Order will only be accepted when Proplynx accepts the Order, in writing, at which point and on which date the Agreement will come into existence.

2.3

Any descriptive matter or advertising issued by Proplynx or contained in Proplynx’s catalogues or brochures or on Proplynx’s website, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They do not form part of the Agreement or have any contractual force.

2.4

These Conditions apply to the Agreement to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

3. Customer Obligations

3.1 The Customer will:

(a) co-operate with Proplynx in all matters relating to the Services;

(b) give Proplynx and its Representatives the access to the Customer’s data, premises or facilities, that Proplynx reasonably requires, in a timely manner and at no charge; and

(c) give Proplynx, in a timely manner, the Customer Materials that Proplynx reasonably requires, and ensure that they are materially accurate.

• pay all charges relating to services provided in advance of delivery. Invoice must be paid in full 14 days prior to the arrival date for a corporate booking or immediately if the booking is made within 14 days of arrival or if it’s a private booking. Thereafter, invoices will be raised on a monthly basis as appropriate.

All prices must be confirmed for each enquiry. Prices are exclusive of VAT.  VAT will be charged at the rate in force in the UK at the time of invoicing.  Should any additional statutory taxes or levies be introduced which affect the price of your apartment, you will be required to pay the extra amount.

If and when we work with our Apartment Partners providing accommodation outside of the United Kingdom, prices will be inclusive of any and all taxes relevant to the jurisdiction and the services being delivered.

3.2 

If Proplynx is delayed in or prevented from performing its obligations under the Agreement due to the Customer or any of its Representatives, Proplynx will:

(a) not be liable for any costs, charges or losses that the Customer incurs due to the prevention or delay;

(b) be entitled to payment of the Charges despite the prevention or delay; and

(c) be entitled to recover any additional costs, charges or losses Proplynx incurs from the prevention or delay.

The Customer warrants that the documents and information it or its Representatives give to Proplynx, for the performance of the Services, are genuine, true and accurate. Proplynx will not be liable for any costs, charges or losses that the Customer or its employees incur if they are not.

4. Credit facilities

The signing of these Terms does not grant you credit with us. Proplynx will provide a separate credit agreement if agreed to do this. If we have not agreed and signed a credit agreement with you no credit is offered and bookings must be paid for in advance in accordance with Section 3.

If we do advance you credit the following conditions shall apply:

We will invoice you for payment 14 days prior to each arrival (or upon the booking being made if shorter than 14 days prior to arrival). We invoice monthly; if the booking is longer than a month you will be invoiced for each subsequent month 14 days in advance of the following month. We will invoice you separately for each individual booking.

4.1 Late Payment

In the event the account becomes overdue, Proplynx reserves the right to charge interest at 6% APR above the Bank of England base rate, plus a further admin fee of £100 plus VAT. Interest is charged on the overdue amount including VAT and will accrue on a daily basis; this is in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. In addition, we reserve the right to place your account on hold as of the first day after the due date of invoices if the amounts remain outstanding.

Where we are providing accommodation outside of the United Kingdom and charging in an alternative currency, interest and fees will be converted using the exchange rate for the day.

4.2 Disputes

Should there be a dispute over a component of an invoice you will pay the undisputed amount within the above credit terms. For example, if you believe that you have been invoiced incorrectly for 21 nights instead of 20, you will pay for the 20 nights within the above payment terms. Failure to make payment for the undisputed amount will result in the above penalty charges becoming payable. Disputes must be notified in writing within 3 working days of receipt of invoice and possibly before it becomes due for payment. In any case, non-payment of the undisputed amount in full will render the above penalty charges payable.

5. Intellectual Property

5.1

Proplynx and its licensors will retain ownership of all Supplier IPRs. The Customer and its licensors will retain ownership of all Intellectual Property Rights in the Customer Materials.

5.2

Proplynx grants the Customer a worldwide, non-exclusive, royalty-free, non-transferable licence to use the Supplier IPRs so the Customer can receive and make reasonable use of the Services and the Deliverables during the term of the Agreement.

5.3

The Customer grants Proplynx a worldwide, non-exclusive, royalty-free, non-transferable licence to copy and modify the Customer Materials for the term of the Agreement so Proplynx can provide the Services.

5.4

All Intellectual Property Rights and all other rights in the Deliverables and the documents, information and materials relating to the Services which existed before the Agreement (the “PreExisting Materials”) will be owned by Proplynx. Subject to clause 6.5, Proplynx licenses all such rights to the Customer free of charge and on a non-exclusive, worldwide basis so that the Customer can make reasonable use of the Deliverables and the Services. If the Agreement expires or is terminated in accordance with Clause 22 (Termination), this licence will automatically terminate.

5.5

Where Proplynx does not own any of the Pre-Existing Materials, the Customer’s use of rights in the Pre-Existing Materials is conditional on Proplynx obtaining a written licence (or sub-licence) from the relevant licensor/s on terms that will allow Proplynx to license the rights to the Customer.

6. Non Solicitation Agreement

6.1

Neither party will entice, solicit or procure any of the other party’s employees to leave the employment of the other party, or make any attempt to do so, while the Agreement is in effect and for 12 months after the Agreement terminates or expires or the Services cease to be provided.

6.2

The advertisement of employment opportunities by a party in any public forum (including magazines, trade journals, publicly accessible internet sites, classified advertisements, or job fairs open to the public) will not be considered solicitation, and the hiring of a party’s employee as a result of their response to a general employment advertisement or in response to their unsolicited employment inquiry will not be a breach of the Agreement.

7. Amendment or Cancellation by You

If you have to, or wish to, cancel your booking you must notify us in writing as soon as possible by email at: reservations@proplynx.com or to your Account Manager.

The booking will be cancelled on the day (or next working day if received over the weekend) that the written notice of cancellation is received by us. We will confirm receipt of the cancellation by return e-mail.

Unless otherwise stated, for bookings of more than 14 days long, Proplynx will accept 14 days cancellation on such booking without additional charge, but you will be liable for any outstanding payment for those 14-day period into the booking. In the event that you have already paid beyond 14 days’ notice, we will either refund the outstanding amount or credit your account with us for values to be used for future bookings, dependant on agreement by both parties.

In the event that you have received a discounted rate for a longer period, and you cancel before the agreed check out date, Proplynx reserves the right to bill back the duration of the stay at the non-discounted rate, subject to the discretion of the directors. You will be duly notified.

If and when we work with our Partners, your right to make a change to your Reservation or to make a cancellation will be subject to any rights set out during the reservation process or indicated to you in writing in the Partner’s General Policies.

If you would like to make a cancellation or make any change to your Reservation, please contact us. We will try to make changes to or cancel your Reservation, however, we cannot commit to being able to make any changes or cancellations once a Reservation has been made.

8. Amendment or Cancellation by Us

We do not expect to have to make any changes to your booking, but occasionally problems occur, and bookings have to be changed or cancelled. In the unlikely event that this does happen, we will contact you (by e-mail and following up by telephone where reasonably possible in the case of a significant change or cancellation) as soon as is reasonably practical, to explain what has happened and inform you of the cancellation or change.

If a significant change has to be made (and the change is not acceptable to you) or your booking has to be cancelled, we will, if possible and as soon as reasonably practical, offer you a suitable alternative apartment of similar type and standard in a similar location for the same dates, with our Partners including in hotel accommodation until an alternative apartment can be arranged.

If you do not wish to accept such significant change or any alternative apartment / hotel offered or in the case that we could not offer you a suitable alternative apartment, you will receive a full refund of all monies paid to us. If your card is charged or refunded in any other currency than pounds sterling, we are not liable for any exchange rate fluctuations or international credit card charges that may be incurred from your issuing bank.

We will not be liable for any additional costs or charges you incur in arranging alternative accommodation.

If and when we work with our Apartment Partners, and the apartment becomes unavailable on the dates that you have made the Reservation for we will let you know as soon as possible. Our liability to you will be limited to finding suitable, equivalent, alternative accommodation or obtaining a refund of any Apartment Charges you have paid. Neither we nor our Partner will be liable to you for any indirect or consequential loss.

You should tell us as soon as reasonably possible and certainly within 1 business day whether you wish to accept any change or alternative offered, or whether you want a refund. We will try to contact you by e-mail or telephone to gain a response. In the unlikely event that you fail to tell us that you wish to accept any change or alternative apartment, we will be entitled to assume you wish to cancel your booking.

In the event that we became aware of antisocial behaviour, breach of any terms or agreement entered into or damage on you part or that of your host or employee we may cancel the booking and immediately evict the guest. Wherever possible, all parties will be notified but failure to reach any or all parties will not prevent the eviction from taking place. In such circumstances, Proplynx reserves the right to remove all personal effects from the rented apartment to an alternative secure location until contact can be made. Where appropriate, Proplynx reserves the right to change any lock or other access systems. If eviction became inevitable for the above reasons, this will be treated as a cancellation by you and a Section 6 rule is presumed in force. In such situations, you forfeited your right to notice and Proplynx is not subject to the notice terms. We will not have any liability to you as a result of this situation arising (including, for example, any costs or expenses you incur as a result of not being able to occupy the apartment. This may include but not limited to the cost of securing alternative accommodation). In such situation, we are not under any obligation to find any alternative accommodation for you or your employee. In addition, Section 20 rule will apply.

If and when we work with our Partners, we will be entitled to terminate our agreement with you and/or cancel your reservation immediately in the event you failed to pay any sums that fall due under these Terms;

Following a termination of agreement and / or reservation you will; vacate the Apartment immediately; and you will ensure that any Guest of yours will also vacate the Apartment immediately.

9. Third Party Reservations

If you are making a reservation for the use of any third party, it will become your responsibility to ensure the Guests comply at all times with all our terms as it will apply if you are personally in occupation.

In the event your permissible Guest(s) breaches any of these Terms, such a breach will, for the purpose of these Terms, be considered a breach by you.

10. Occupants

For all occupants, we will require you to provide us with guest information (including name, mobile, email, arrival time) at the time of booking. In the case of corporate booking for assignees, we will require the same details for all occupants at least 3 days prior to arrival or as soon as practicably possible before check-in if check in date is less than 3 days from booking.

Only persons notified to us prior to your assignee’s arrival date and/or listed on our written confirmation of booking may occupy the apartment. You/your employee may not re-let/sublet the apartment to third party. Your employee and their guests further agrees not to use the apartment only for their own occupation and not for any commercial gain, including but not limited to assigning or subletting it or otherwise allowing anyone who has not been expressly approved in writing by us to occupy.

The number of persons permitted to occupy the apartment is limited to the number listed on our written confirmation of your booking. Your employee must not allow this limit to be exceeded neither can your employee change during their occupation of the apartment, the composition of the occupants without our permission in writing. In the event of breaching any of the above terms, we reserve the right to can evict your employee and repossess the apartment in line with section 7 above. In the event we had to so do, this will be treated as a cancellation by you and Section 6 then becomes applicable. In this instance, Proplynx is not bind by the usual Notice Terms. We will not in any way be liable to you in this situation with regards any cost or expense incurred by you or your assignee arising due to your non being able to occupy the apartment according to your booking. We are also not under any obligation to provide any alternative accommodation. In addition, the Section 20 rule will apply.

11. Checking-in and checking-out (Short Stay Apartments)

Unless otherwise agreed and communicated in advance in writing, our check-in time starts from 3pm (local time) on the check-in date. If it is possible, we can be more flexible on this time depending on departure of previous guest.

Unless otherwise agreed in writing in advance, our check-out time is 10am (local time). If there is any delay in vacating the apartment beyond the agreed time, a full day’s rental may be charged to you for each additional day’s (or part thereof) occupation.

On arrival all guest or assignees will be required to provide photographic proof of their identity (i.e. government issued photo identification documents like; international passport or photo-card driving licence) and proof of address to ensure that we are granting access to the same person whose details appear on the booking confirmation. We will take copies of these documents for our own records and the storage of these will be guided by the Data Protection Act and retention will be guided by the provision of this same law. All guest will be required to sign a registration card on arrival which reiterates their responsibilities and expectations including add-on services that may be provided at additional costs. All guests and employee will be required sign this document physically or electronically.

While we reserve the right to share your information with our Partners, especially where the apartment is provided through our Partners, we however assure you that all Partners we work with have been assessed of equal or higher standard before selection such that they can safely be treated as an extension of yours or our organisation. Despite this assurance, any Partner will be independently liable to you in the case of you suffering any loss as a result of your information provided to them for the sole reason of rendering you their services. By obtaining your information on behalf of service providing partner, we do not assume responsibility for their action and cannot be held liable for their omission or commission whether partly or fully.

12. Facilities and services

12.1   

Proplynx cannot provide Services in those territories or countries where Proplynx decides, at its sole discretion, that it is not permitted to do so, due to the imposition of country- or territory-wide trade, economic or financial sanctions laws, regulations, embargoes or restrictive measures.

12.2    

The Customer may request that Proplynx provide further Services, or provide the Services in extra locations, or amend the scope of any existing Services. If the parties agree on the terms on which those extra Services or locations are to be provided on, the parties will enter into further Orders or amend existing Orders, as applicable.

12.3    

In supplying the Services, Proplynx will:

(a) perform the Services with reasonable care and skill;

(b) perform the Services in accordance with the Specification in all material respects;

(c) ensure that the Deliverables are of satisfactory quality and are fit for purpose;

(d) comply with all applicable laws, statutes, regulations and codes from time to time in force. Proplynx will not be liable to the Customer if such compliance causes it to breach of any of its obligations under the Agreement; and

(e) take reasonable care of all Customer Materials in its possession and make them available for collection by the Customer on reasonable notice and request, always provided that Proplynx may destroy the Customer Materials if the Customer fails to collect the Customer Materials within a reasonable period after termination of the Agreement either by expiration of rental period or otherwise terminated for other services.

12.4

If Proplynx is delayed in or prevented from performing its obligations under the Agreement due to circumstances not within its reasonable control (but not due to the Customer or any of its Representatives), Proplynx will:

• not be liable for any costs, charges or losses that the Customer incurs due to the prevention or delay; and
• be entitled to payment of the Charges despite the prevention or delay.

12.5   

Notwithstanding that Proplynx may provide information and its opinion on local law and practice, Proplynx is not qualified to provide legal advice and will not purport to do so. Proplynx will not be held liable for any advice given, or for not giving advice. The Customer must decide whether it should seek legal advice on any matter.

12.6

Proplynx will not be held liable for changes in law and policy that may impact the outcome of any Services, including any immigration services.

Specifically for our lodging and residential clients,

12.7

Proplynx shall provide direct contact instruction in case there is need to solve any issues and ensure residents or guests are ok.

12.8

No items may be removed from the apartment. If any items are removed, or damaged beyond fair wear and tear we will charge the replacement cost for the item including VAT plus a 20% admin fee. You will be liable for this charge unless special agreement in writing is in place to cover this otherwise.

12.9

All telephone cost are charged at provider rates plus a 20% admin charge plus VAT. The resident is responsible for these charges and will be billed directly to the apartment at the time of your occupation. All WIFI usage and other facilities are subject to fair usage policy.

12.10

In the case of unexpected occurrence like case of failure or interruption of services to the apartment, including electricity and water or any damage, disruption or noise, Proplynx cannot be held liable unless it can be proven that such disruption occurred due to its negligence or omission.

13. Pets Policy

Regrettably no pets is allowed in any of the apartments under any circumstances. This includes dogs on duty or guide dogs etc.

14. Smoking in Apartments

We operate a NO SMOKING POLICY. Smoking is not permitted in any of our apartments or in any other area of the apartment block. If, in our reasonable opinion, smoking has occurred in the apartment during a booking stay we reserve the right to hold you liable for additional cleaning charges for the apartment.

Where a guest is caught or reported smoking, Proplynx reserves the right to evict such guest immediately and this will be treated as a cancellation by the guest and The Section 6 Rule will apply to allow us recover the property. The charge for cleaning and de-odorizing will be charged at £300 plus VAT. In addition, you will be held liable for any incidental charges such as loss of sale suffered by us in the situation where we have to lose out on a booking whilst the apartment is being de-odorized. Any such charge would be limited to 2 days at your contracted daily rate (in accordance with Clause 3).

15. Damages

Guests ort tenants and their guest agree to keep the apartment (including all equipment, utensils, furniture etc.) clean and tidy throughout the duration of their stay and to leave the apartment in a similar condition as they met it when they checked-in. As per section 11, damage to or removal of items will be charged for.  Any such invoice will be accompanied by a detailed summary listing each damaged component and the cost of replacing or repairing such plus a 20% admin fee.

Except in the case of normal wear and tear you are responsible for any damage to the apartment or its contents during your stay which has occurred due to the negligence, wilful default or irresponsible behaviour on the part of either yourself or your guest(s). It is your duty to report to us ASAP any damage that has been caused by you or any of your guest(s) during your stay and without delay.

16. Data Protection- CUSTOMER’S ATTENTION IS DRAWN TO THE DATA PROTECTION LETTER HERE

For the purposes of the General Data Protection Regulation (GDPR), depending on the relation, Proplynx may either be a Controller or Processor of personal data provided to it by clients and prospective customers. Any processing of personal data shall be done pursuant to its privacy notice found here:

https://www.proplynx.com/privacy-policy; and its Data Processing Policy located here:

www.proplynx.com/data-processing (see Full DATA PROTECTION POLICY as APPENDIX 2).

16.1

Each party will comply with the Data Protection Laws, as they apply to the Agreement.

16.2

In respect of personal data collected, processed or accessed by Proplynx or Representatives, on the Customer’s behalf and/or on behalf of any member of the Customer’s group, the Customer will be the data controller and Proplynx will be the data processor.

16.3

Where Proplynx is processing personal data as a data processor for the Customer, Proplynx will:

(a) process such personal data only pursuant to and in accordance with the legal instructions of the Customer or for the purpose of providing the Services or as otherwise agreed in writing with the Customer;

(b) have in place appropriate technical and organisational measures which ensure a level of security appropriate to the risk represented by the processing and the nature of the personal data to be protected and which protects all personal data against accidental or unlawful destruction or accidental loss or alteration or unauthorised disclosure, access, or processing;

(c) notify the Customer as soon as reasonably practicable of any notifications or communications it may receive from any relevant data protection authority relating to such personal data or any complaint, notice or communication from an individual about the processing of their personal data and forward as soon as practical upon receipt any requests for access to personal data and provide the Customer with full co-operation and assistance in relation to the same; and

(d) only transfer, or cause, or permit the transfer of such personal data to a country or territory outside the European Economic Area as required to provide the Services, and the Customer consents to such transfer.

16.4

The Customer acknowledges that Proplynx is reliant on the Customer for direction as to the extent to which Proplynx is entitled to use and process the personal data. Consequently, where requested by Proplynx, the Customer will confirm such instructions to it in writing, and Proplynx will not be liable for any claim brought by a data subject arising from any action or omission by Proplynx, to the extent that the action or omission resulted directly from Customer’s instructions.

16.5

The Customer hereby warrants, undertakes and represents that it has all necessary rights, titles, consents, permissions, authorisations and licences (including those required under Data Protection Laws) to enable Proplynx and its sub-processors to lawfully process any personal data which is processed for, or on behalf, of the Customer for the purposes of, or otherwise in connection with, the provision of the Services, and/or as contemplated under the Agreement (“Proplynx Purpose”). In particular, the Customer will be responsible for;

• obtaining any consents required from its employees or contractors to ensure that Proplynx is able to provide Services in relation to such employee or contractor in accordance with Data Protection Laws; and
• providing such employee or contractor with a fair processing notice (in the manner and form prescribed under relevant Data Protection Laws) which will inform that employee or contractor that their personal data will be processed for the Proplynx Purpose. Without limiting any of the Customer’s other obligations set out in this clause 15.5, the Customer will, in addition, and where required by Proplynx, procure a signed letter of consent from such employee or contractor which will follow the form set out in Appendix 1 of these Conditions, or such other form of consent which Proplynx may reasonably require from time to time.

16.6

The Customer will indemnify, and keep indemnified, Proplynx and its officers, directors, agents and employees (and those of any member of its Group) (each an “Indemnified Party”) against any and all losses including, claims, damages, costs (including legal costs and/or expenses), charges, expenses, liabilities, demands, proceedings and actions and fines that may be assessed or asserted against, or incurred by, any Indemnified Party arising out of, or in connection with;

• any breach of clause 15.5 by the Customer; and/or
• any actual or alleged breach or contravention of Data Protection Laws by, or on behalf of, the Customer, which causes Proplynx to be in actual or alleged breach or contravention of Data Protection Laws.

Appendix 1:

Data Protection Letter Download Here

17. Rights of Access

We assure you of freedom to enjoy your stay uninterrupted but in the rare event that we require access, you must grant us and any representative of ours (including subcontractors) access to the apartment at any reasonable time during your stay.

In cases of emergency or where a problem require immediate attention and you cannot be contacted on time we reserve the right to gain access in your absence without your permission. And in the case where this has occurred, we will inform you of such occurrence by any means possible.

Where access is require in a non-emergency situation, we will give you at least 24hrs notice to arrange for you to grant us access.

In any case, where reasonable notice has not been given, or cannot be given, any such entry into your apartment will be supervised by a member of our staff as appropriate.

18. Security of Tenure

Unless expressly stated in your contract, our apartments are exempt from security of tenure legislation. For our serviced accommodation, you acknowledge that you reserve the right to occupy the apartment for the purposes of holiday or other short term stay and that you are not using it as a dwelling house.  You thus have no security of tenure over any apartment operated by Proplynx including apartments supplied to us by our Partners.

19. Information Accuracy

We aim to ensure that all information including prices provided by us is to the best of our knowledge accurate. This includes information on our website/brochure and other promotional literature or leaflets produced and circulated by us. However, the information may have changed between the time of booking and confirmation, where this becomes the case, we will make every effort to communicate the correct information including prices to you and ensure you agree to it or refund your money if already paid. You must therefore ensure you check all details of your chosen apartment regularly to ensure you are dealing on up to date information and current prices and ensure details on your booking confirmation are correct.

There may be small differences between the actual apartment and its description, as we are always seeking to improve services and facilities. Occasionally, problems mean that some facilities or services become unavailable or subject to restriction. If this happens, we will tell you as soon as reasonably possible after we become aware of the situation.

We cannot accept responsibility for any changes or closures to local amenities or attractions mentioned on our site/brochure or advertised elsewhere as these are outside of our control and such is treated as act of God event for which we cannot be held not liable.

We make reasonable efforts to ensure that information supplied to you in relation to the apartment or its facilities and/or services is accurate and complete to date. We cannot accept responsibility for any inaccurate, incomplete or misleading information about any property or its facilities and/or services, except where such omission can be proven to be due to our negligence. We will, however endeavours to notify you of any changes to or inaccuracies in any information contained on our site and brochures or otherwise provided to you as soon as reasonably practicable after we become aware of the change or inaccuracy.

We carefully select our Apartment Partners and take precautions to ensure that the information concerning the Apartment is accurate, complete and up to date. We do, however, receive much of the information and materials regarding the Apartments from our Apartment Partners. We do not make any warranties or representations regarding any material and/or information provided by our Partner. We only provide information regarding an Apartment as an agent of the Partner

If and when we work with our Partners, Proplynx is committed to assisting you should an issue arise in relation to information provided by our Partner. We will endeavour to make any necessary changes to Apartment information provided as soon as we became aware of any errors in information regarding any of our or our Partners apartments.

20. Circumstance Beyond Control (Force Majeure)

20.1    

In a case of Force majeure, we will endeavour to mitigate the situation where practically possible by seeking suitable alternatives way of meeting the clients expectation. This may be sought from within our own portfolio, that of our Partners, or otherwise possible keeping the client within budget and requirement as practically possible.

In the event force majeure becomes unavoidable or unanticipated by both parties, the following will apply;

20.2 Force majeure.

Neither party will be liable for any delay or failure in performing its obligations under the Agreement to the extent the delay or failure is directly caused by an Event of Force Majeure, as long as the party that is affected:

(a) promptly notifies the other it has occurred, provides a reasonable estimate on how long it is estimated to continue and immediately notifies the other when it has ended;

(b) has taken all reasonable steps to avoid or mitigate the Event of Force Majeure; and

(c) resumes performance immediately when the Event of Force Majeure ends. If the Event of Force Majeure continues for more than 30 days, the other party may, terminate the Agreement and Proplynx will give the Customer a pro-rata refund of any Charges paid in advance. This clause will not be used to excuse either party from any payment obligations under the Agreement.

21. Limitation of Liability – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.

21.1

Nothing in the Agreement will limit or exclude Proplynx’s liability for:

(a) death or personal injury caused by its negligence, or

(b) the negligence of its personnel (provided they were at the time acting in the course of their employment), agents or subcontractors; and

(c) any liability which cannot be limited or excluded by applicable law.

21.2

Subject to clause 20.1, Proplynx will not be liable to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Agreement for:

(a) loss of profits;

(b) loss of sales or business;

(c) loss of agreements or contracts;

(d) loss of anticipated savings;

(e) loss of use or corruption of software, data or information;

(f) loss of or damage to goodwill; or

(g) any indirect or consequential loss, even if the loss was reasonably foreseeable or the party in default has been advised of the possibility of such losses.

21.3

Subject to clause 20, Proplynx ‘s total liability to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement will be limited to 100% of the average annual Charges (calculated by reference to the Charges in successive 12 month periods from the date of the Agreement) paid by the Customer under the Agreement.

Personal properties are the responsibility of the client. Proplynx cannot be held liable for loss or damage to personal effect under the care of the client while in its accommodation. Household goods services are subject to Proplynx’s Household Goods Terms & Conditions, a copy of which are on Proplynx’s website, and include the below limitation of liability: In the event of damage to or loss of household goods whilst in transit by air or sea, Proplynx and/or Proplynx’s main companies, agents or subcontractors’ (“Proplynx’s Affiliates”) total aggregate liability in respect of all such damage or loss as may have resulted from their breach of contract or negligence will be limited to a maximum of £5 Pounds Sterling per cubic foot of the capacity of the goods in question, or, at Proplynx’s option, the cost to repair or replace the goods in question. Proplynx and Proplynx’s Affiliates will not in any event be liable for any such damage or loss if and to the extent that it is caused by or relates to

(a) force majeure,

(b) fire,

(c) moth or vermin,

(d) cleaning, repairing or restoration not undertaken by Proplynx or Proplynx’s Affiliates or at their direction,

(e) gradual deterioration, leakage or evaporation in respect of perishable or leaky articles,

(f) articles in wardrobes or drawers or in packages, bundles or containers not packed and unpacked by Proplynx or Proplynx’s Affiliates,

(g) passports/travel documents, wallets/handbags, portable IT/electronic devices, currency, cash, bank or credit cards, jewellery, watches, mobile phones, trinkets, precious stones, money, deeds, securities, stamps, coins, valuable or fragile collections of any kind,

(h) livestock or plants,

(i) mechanical derangement to any equipment or appliance unless there is evidence of external impact. It will be the responsibility of the Customer and/or its companies to insure against these and more general risks associated with the transit of the relevant goods by air, road or sea.

21.3

Proplynx total liability to client, howsoever arising, as a result of or in connection with client’s booking, these Terms, or our Data Processing Agreement shall be limited to the total amount paid by the client to us for such booking.

22. Complaints

Every effort has been made to ensure that your apartment meets your expectations. If, however, you or your employee have any cause for complaint we are anxious that remedial action is taken as soon as possible. It is essential that you contact us immediately if any problem arises so that it can be speedily resolved. It is often extremely difficult (and sometimes impossible) to resolve difficulties properly unless we are promptly notified. Discussion of any criticisms with us whilst you are in residence will usually enable shortcomings to be rectified straightaway. In particular, complaints of a transient nature (for example, regarding heating of the property) cannot possibly be investigated unless registered whilst you are in residence. If you remain unhappy with our response, then you must, within 30 days of the end of your stay, put your complaint in writing to us by recorded delivery.

Our complaints procedure is as follows:

Email your complaint to complaints@proplynx.com

You may also call us on +44 333 577 5188.

You will receive a response within 1 working day (we will endeavour to respond within 3 working hours).

If and when we serve you through our Partners, We will provide you with reasonable assistance if you have an issue in respect of the Reservation, the Apartment, your use of it, or any acts or omissions of our Partner (Apartment Issue). Please contact us immediately if you have an apartment Issue. We will try to help, including taking the issue up with the Partner company

23. Quality Assurance (QA)

Our QA is intended to provide additional reassurance to our clients, that we put you at the heart of everything we do. We live true to our slogan “You Trust, We Serve”. We will always work to deliver exceptional services that will make you to want to come to us over and over again. We promise to do our utmost best to always ensure we resolve any issues that occur during your stay, and always remain at your service treating you like the king that you are.

This assurance is not a guarantee that we can always meet your request, or resolve all issues to your full satisfaction, but a commitment that we will do everything we can within reason and within our control, as quickly as possible to create the situation you desire.

To help us live us to our promise, all in-stay issues or requests must be communicated immediately or as soon as they arise or as practicably possible.

Always allow a reasonable amount of time for us to provide you a solution while promising to always put ourselves in your position in addressing your concerns. We commit to regular communication to keep you updated as to the progress while resolving any issue.

23.1 What is Covered

Our QA relates to situations where the customer can demonstrate that we have not done everything within our power or within reason to look after our guest.

For instance, such situation could relate to an issue arising in the apartment with respect to let’s say loss of heating.  If we fail to resolve the situation by providing an agreed level of comfort, or in a situation where we have not been able to resolve the issue within appropriate timescales, in such instances, a failure to provide the guest with an option of alternative accommodation would constitute in this instance as a fail on our QA.

23.2  What is not Covered

A dissatisfaction relating to the inventory of an apartment e.g. number of televisions or sofa etc – although we will always try our best to accommodate guests requests within reason where possible.

Where an alternative solution has been reasonably offered, a dissatisfaction with options provided in such instance will not constitute a fail our QA pledge.

23.3 Qualifying Conditions

The guest must have reported any complaints while in-house and within the timescales stated above in clause 22.

The guest must have allowed a reasonable amount of time for a solution to be provided especially where 3rd parties are involved to resolve an issue.The customer must not be in arrears with any payments to qualify them for a refund under this QA pledge.

23.4 Report Procedure

Any complain must be filed in writing to complaints@proplynx.com while the guest is in-house or up to 24 hours maximum after their departure.You must clearly demonstrate how we have failed within reason to resolve the problem or provide an alternative solution aimed at addressing your complain.

23.5 Payment

The guarantee will take the form of a refund. Payment will still be required as per the terms of the contract prior to any refund being issued. Any refund that we grant will be for the specific time period in which the issue remained unresolved during the guest’s physical occupation of the apartment.

23.6 Liability

Under our Quality Assurance Terms, our maximum liability to you shall be limited to the prorated part of the total amount paid by you, to us, for the affected period of stay in pro-rata and within which, where practicable, the issue was reported to us and remained unresolved during the guest’s physical occupation for such particular booking.

24. Termination

24.1

Without affecting any other right or remedy available to it, either party may terminate the Agreement with immediate effect by giving written notice to the other party if:

(a) the other party commits a material breach of the Agreement that is either irremediable or, if remediable, remains un-remedied 10 days after written notice to remedy the breach;

(b) the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up, having a receiver appointed to any of its assets or ceasing to carry on business or any analogous procedure;

(c) the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or

(d) the other party’s financial position deteriorates to such an extent that in the terminating party’s opinion the other party’s capability to adequately fulfil its obligations under the Agreement has been placed in jeopardy.

24.2

On termination of the Agreement the Customer will immediately pay to Proplynx all of Proplynx’s outstanding unpaid invoices (including any interest and fee payable) and, in respect of Services supplied but for which no invoice has been submitted, Proplynx may submit an invoice, which will be payable immediately on receipt.

24.3

Termination of the Agreement will not affect any of the parties’ accrued rights, remedies or liabilities,, and any provision of the Agreement that is expressly or impliedly intended to come into or continue in force on or after termination, will remain in full force and effect.

25. Law, Jurisdiction and General

These Terms and all matters arising in relation to our delivery of services to you by us, our affiliate or any contractor appointed by us for the purpose of rendering the contracted serve shall be considered, interpreted, and enforced in all aspects in accordance with the Laws of England and Wales and both you and us and any third party directly or indirectly affected by these terms are all assumed to have irrevocably agreed to submit to the exclusive jurisdiction of the English Courts over any matter or claim arising from or in connection therewith. The place of performance shall be England.

If any provision of these Terms is held to be unlawful, void or unenforceable then that specific provision shall be deemed deleted and its deletion shall not affect the validity and enforceability of any other part of the remaining provisions.

Every booking is personal to the named beneficiary who may not ordinarily assign or transfer it in whole or in part without express written agreement in accordance with Clause 10 (Occupants). In the case you choose to substitute occupants in accordance with Clause 10, such nominated guest(s)s must submit to our vetting process and sign all documents as required by any occupant in our properties.

25.1 Anti-Bribery Measures. The parties will:

• comply with all applicable laws, statutes and regulations relating to anti-bribery and anti-corruption including the Bribery Act 2010;
• not engage in any activity, practice or conduct which would constitute an offence   under sections 1, 2 or 6 of the Bribery Act 2010 if such activity, practice or conduct had been carried out in the UK; and
• have and maintain in place throughout the term of the Agreement their own antibribery and anti-corruption policies and procedures, including adequate procedures under the Bribery Act 2010, and enforce them where appropriate.

25.2 Assignment and other dealings.

• The Customer will not assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Agreement without Proplynx prior written consent.
• Proplynx may at any time assign, transfer, charge, declare a trust

25.3 Confidentiality.

(a) Each party will:

(i)   keep confidential any confidential information concerning the business, affairs, customers, clients or suppliers of the other party or any member of their Group (“Confidential Information”), except as permitted by clause 11.4(b); and

(ii)  only use the other party’s Confidential Information for the proper performance of the Agreement.

(b) Each party may disclose the other party’s Confidential Information:

(i)   to its Representatives, who need to know the information for the proper performance of the Agreement. Each party will ensure that its Representatives comply with this clause 11.4; and

(ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

25.4 Entire agreement.

• The Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
• Each party agrees that it will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Agreement. Each party agrees that it will have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Agreement.

25.5 Variation.

No variation of the Agreement will be effective unless it is in writing and signed by the parties (or their authorised representatives).

25.6 Waiver.

A waiver of any right or remedy is only effective if given in writing and will not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy will not:

• waive that or any other right or remedy; or

(b) prevent or restrict the further exercise of that or any other right or remedy.