2 BLACKBURNE TERRACE – TERMS AND CONDITIONS (“THE CONDITIONS”)
2 Blackburne Terrace – 2BBT Limited CRN 08987762 (“2BBT”) is a luxury Bed and Breakfast establishment in the Georgian quarter of the city of Liverpool. 2BBT always endeavour to provide the highest quality accommodation, facilities and services to all guests, to ensure the guest’s stay is enjoyable and without incident. These Conditions set out the terms and conditions of 2BBT’s contract with customers staying at 2BBT (“the Guest”), including the booking, booking amendment and cancellation procedures, and the terms and conditions of the Guest’s stay at 2 Blackburne Terrace.
1. Definitions and Interpretation
1.1. In this Agreement, unless otherwise provided:
‘Bookings’ means room reservations at 2 Blackburne Terrace subject to the terms of these Conditions and at the Current Room Rate;
‘Card’ means a valid credit card or debit card in the Guest’s name with an expiry date after the date of departure. 2BBT will accept Visa, Mastercard, Delta, Electron, Amex and Switch;
‘Current Room Rate’ means the room rates shown on the 2BBT website at the time of Booking which are quoted as per room, per night and include breakfast for up to 2 people and Value Added Tax at the prevailing rate;
‘Force Majeure Event‘ means any of the following events, without limitation, war, the threat of war, revolution, terrorism, riot or civil commotion, or precautions against any such; strikes, lock outs or other industrial action, whether of the affected Party’s own employees or others; blockage or embargo; acts of or restrictions imposed by government or public authority; failures of supply of water, power, fuels, transport, equipment or other Deliverables or services; explosion, fire, corrosion, ionising radiation, radioactive contamination; flood, natural disaster, or adverse weather conditions; malicious or negligent act or accident, and breakdown or failure of equipment, whether of the affected Party or others, but does not include, without limitation, inability to pay, mechanical difficulties, shortage or increase of price of raw materials, over-commitment or market or other circumstances which may make the terms of these Conditions unattractive to the Guest;
‘Guest’ means any individual making a Booking with 2BBT and/or any individual staying in 2BBT and/or any additional guest of any person staying in 2BBT;
‘Policies Document’ means 2BBT’s list of hotel policies as amended from time to time the current version of which is available by hyperlink on 2BBT’s website or from the 2BBT management staff;
‘Standard Check In Time’ has the meaning given to it in clause 4.5 of these Conditions;
‘Standard Check Out Time’ has the meaning given to it in clause 4.6 of these Conditions;
1.2. Unless the context otherwise requires:
1.2.1. each gender includes the others and the singular includes the plural and vice versa;
1.2.2. ‘including’ means including without limitation.
1.2.3. references to persons include individuals, unincorporated bodies, government entities, companies and corporations;
1.2.4. clause headings do not affect their interpretation;
1.2.5. a reference to a statute or a statutory provision is a reference to it as in force as at the date of this agreement OR amended, extended, re-enacted or consolidated from time to time;
1.2.6. ‘in writing’ means communication by letter or fax or email or Braille and written shall be interpreted accordingly;
2. Bookings & Payment
2.1. Bookings can be made online or by telephone with the 2BBT reservations team and must be guaranteed by a valid Card.
2.2. Current Room Rates are available from 2BBT management and from the 2BBT website. 2BBT reserve the right to amend the Room Rates from time to time and will update the 2BBT website prior to any Room rate amendment taking effect.
2.3. 2BBT require valid Card details at the time of Booking and will take payment for 1 night’s stay per room at 2BBT at the time of Booking and at the Current Room Rate. Once payment has been confirmed 2BBT will reserve a bedroom for the Guest for the period of the Guest’s stay at the Current Room Rate.
2.4. Payment for each subsequent night’s stay will automatically be charged to the Guest’s Card the day before. If payment for any subsequent night’s stay using the Guest’s Card details is unsuccessful 2BBT will contact the Guest and request an alternative method of payment but it is the responsibility of the Guest to ensure that payment for any subsequent night’s stay is made to 2BBT the day before.
2.5. In the event that payment for any night is outstanding at the 2BBT Standard Check Out Time on the day of that night’s stay 2BBT may at its absolute discretion cancel the Booking and reserve the same room for an alternative paying guest. In the absence of any alternative paying guest, the Guest will remain liable for the full cost of the room and will be subject to 2BBT’s cancellation policy as set out in these Conditions.
3.1. Any request for Cancellation must be made in writing to 2BBT and will not be valid until acknowledged in writing by 2BBT.
3.2. Cancellations received by 2BBT by not later than 4pm 14 days prior to the date of the Booking will receive a full refund.
3.3. Cancellations received by 2BBT by 4pm 7 days prior to the date of the Booking will receive a refund of half of the total Booking cost payable by the Guest.
3.4. Any request for Cancellation received later than 4pm 7 days prior to the date of the Booking will be subject to full payment of the total cost of the Booking.
3.5. In the unlikely event of cancellation by 2BBT, the Guest will be entitled to a full refund of any payment made with respect to the cancelled nights’ stay.
3.6. Requests for changes to the Guest’s Booking must be made in writing to 2BBT and will be considered by 2BBT’s management. Requested changes may be accepted at the absolute discretion of 2BBT or may be subject to the cancellation terms set out in these Conditions.
4. Hotel Policies
4.1. The Guest agrees to comply with and accept all terms of 2BBT’s Policies Document which is available on the 2BBT website and from the 2BBT reception.
4.2. 2BBT reserve the right to make any reasonable amendments to the Policies Document from time to time and the amended version of the Policies Document will automatically replace any previous version with effect from the day immediately following the day on which the amended version is uploaded to the 2BBT website.
4.3. The guest fobs for the front door time-out at 12:00 midnight automatically and access is alarmed. Arrangement should be made in advance with management or staff if later access is required.
4.4. A charge will be made for lost keys and/or fobs.
4.5. No unauthorised persons are to be invited into the building/rooms other than those indicated at the time of booking the room, unless they are authorised be the management.
4.6. We don’t permit food/takeaways in rooms. If given some notice we can setup plates and cutlery for takeaways in the dining room.
4.7. It is preferred that room cleaning/refresh takes place between 11:00 and 14:00.
4.8. Guests are not permitted to bring any pets on to the premises with the exception of registered guide dogs.
4.9. 2BBT can accommodate children above the age of 11 years only, subject to a maximum occupancy of 2 people per bedroom.
4.10. Guests must not cause an annoyance or nuisance to other guests or 2BBT staff. Should any actions by a guest be deemed inappropriate by a member of staff or the owners, or if any inappropriate behaviour is brought to the attention of a member of staff or the owners, 2BBT reserves the right, to take action against the guest. Depending on the severity of the guest’s actions, the Police may become involved at the hotel’s discretion, or guests may be asked to leave the hotel. This includes aggressive behaviour to Hotel staff or other guests.
4.11. 2BBT reserve the right to take action against any guest found to have tampered with or interfered with any fire detection equipment throughout the hotel. Guests found to have tampered with any fire detection or fire fighting equipment will be charged with any costs incurred by 2BBT due to their actions and additionally may be asked to leave the hotel. Depending on the severity of the guest actions, the Police may become involved at 2BBT’s discretion.
4.12. All vehicles are parked at the owner’s risk.
4.13. Wi-Fi is provided free of charge in most areas of 2BBT. We do not guarantee that your equipment will connect in your room. Wi-Fi is subject to availability. 2BBT accepts no responsibility for, and will not be liable for, Wi-Fi being unavailable due to technical issues beyond our control; no guarantee of any sort is given that Wi-Fi will be available. Anyone using Wi-Fi or OpenZone (pay as you go) does so on the understanding that they will not download pornographic images of any sort, criminal or terrorist information, or material covered by copyright. Users will also not submit defamatory information on any social network site using the Hotel’s Wi-Fi network. 2BBT will not be held liable for any misuse of the Wi-Fi by its residents or guest.
4.14. 2BBT is a 100% non-smoking establishment. Smoking is not permitted in any public area, dining room, guest room or any other part of the property. Should it be brought to our attention that smoking has taken place, a cleaning fee of £100 may be taken from the Guest’s Card at the absolute discretion of 2BBT’s management.
4.15. No candles or incense permitted in any of the guest rooms.
4.16. 2BBT reserve the right to charge the Guest’s Card for any damage done to your room or contents during your stay or for any items that are missing when you leave.
4.17. Check-in time is 3:00 pm. Keep the management informed if it looks as if a delay may occur. Should a later check-in be required please discuss this with the management.
4.18. Guests must check out by 12:00 noon on the Guest’s last morning with 2BBT. Standard Check Out Times are detailed in the Policies Document.
4.19. Late check out may be possible at the absolute discretion of the 2BBT management and subject to an additional charge. Late check out is subject to availability and any requests must be made to 2BBT management. By accepting the late check out the Guest agrees to pay any additional charges advised by 2BBT at the time a request for late check out is made.
5.1. Where sums due under this Agreement are not paid in full by the due date, 2BBT may, without limiting its other rights, charge interest on such sums at a rate of 4% p.a. above the base rate of Barclays Bank from time to time in force.
5.2. Interest will:
5.2.1. accrue on a daily basis; and
5.2.2. apply from the due date for payment until actual payment in full, whether before or after judgment.
6. Exclusion and limitation of liability
6.1. Except as expressly stated in these Conditions, all warranties and conditions whether express or implied by statute, common law or otherwise are hereby excluded to the extent permitted by law.
6.2. Neither party limits its liability for:
6.2.1. death or personal injury caused by its negligence, or that of its employees, agents or sub-contractors (as applicable); or
6.2.2. fraud or fraudulent misrepresentation by it or its employees.
6.3. Subject to clause 6.2, 2BBT’s total aggregate liability in respect of all other claims, losses or damages, whether arising from contract, tort (including negligence) or otherwise under or in connection with the Guest’s Booking or these Conditions shall in no event exceed the price paid by the Guest for their stay at 2BBT.
6.4. Subject to clauses 6.2 and 6.3, 2BBT will not be liable to the Guest for:
6.4.1. any indirect, special or consequential loss or damage; or
6.4.2. any loss of profits, turnover, data, business opportunities, anticipated savings or damage to goodwill (whether direct or indirect).
7. Force Majeure
7.1. A party will not be liable if delayed in or prevented from performing its obligations under this Agreement due to a Force Majeure Event, provided that it:
7.1.1. promptly notifies the other of the Force Majeure Event and its expected duration, and
7.1.2. uses reasonable endeavours to minimise the effects of that event.
7.2. If, due to a Force Majeure Event, a party:
7.2.1. is or is likely to be unable to perform a material obligation, or
7.2.2. is or is likely to be delayed in or prevented from performing its obligations for a continuous period of 20 business days
the parties will, within 5 business days renegotiate the Booking to achieve, as near as possible, its original intent.
8.1. Governing Law and Jurisdiction
The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, the Guest’s Booking or stay at 2BBT and that the agreement between the parties in relation to the Booking shall be governed by the law of England and Wales.
No variation of these Conditions shall be valid or effective unless it is in writing and duly signed or by, or on behalf of, each Party.
8.3.1. If any provision of these Conditions (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these Conditions shall not be affected.
8.3.2. If any provision of these Conditions (or part of any provision) is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of it was deleted or modified, the provision or part-provision in question shall apply with such deletions or modifications as may be necessary to make the provision legal, valid and enforceable. In the event of such deletion, the Parties shall negotiate in good faith in order to agree the terms of a mutually acceptable alternative provision in place of the provision so deleted.
No failure, delay or omission by either Party in exercising any right, power or remedy provided by law or under these Conditions shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right, power or remedy.
8.5. Rights of third parties
A person who is not a party to these Conditions shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of these Conditions.