Client Terms & Conditions | Bonjour Residences

ABOUT US
1. Bonjour Residences Ltd is a company registered in Scotland under the company registration number SC670505. Our registered office is at 3 Hill Street, EH2 3JP. Our VAT number is GB401883804. We operate the website bonjour-residences.co.uk.
2. You can contact us by telephone on +44 (0)131 6050268, by writing to us at the postal address in paragraph 1.1 or by email to hello@bonjour-residences.co.uk.
3. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide to us.
4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
THESE TERMS
1. These Terms govern our provision of Booking Services to: (a) businesses or persons acting for a trade, business, craft or profession, who are seeking to book Serviced or Short-Term Accommodation in connection with that trade, business, craft or profession(“Business Users”); and (b) individuals seeding to book Serviced Accommodation for personal use (“Consumer Users”).
INTERPRETATION
1. The following definitions and rules of interpretation apply in these Terms:
  
  Terms: these Terms & Conditions.
  Agreement: The contractual arrangement between you and Bonjour Residences under these Terms & Conditions.
  Booking: a confirmed booking for the Serviced Accommodation made by us.
  Booking Confirmation: the confirmation provided by us to you confirming a Booking has been made and signifying the creation of a Booking Contract.
  Booking Contract: the contract between you and us for the provision of ServicedAccommodation in accordance with the Booking.
  Booking Services: Our travel management services in sourcing, booking and arranging the Serviced Accommodation on your behalf.
  Charges: the sums you are liable to pay for the Serviced Accommodation, pursuant to the Booking as invoiced by us.
  Client, you, your: a person, Business User, Consumer User or Intermediary seeking to make a booking for Serviced Accommodation under these Terms, and all persons named on the Booking (and where applicable, all guests using the Serviced Accommodation)
  End-Date: The check-out date, or last day of the Serviced Accommodation and any stipulated room check-out times.
  Extras: Additional services provided to you during your stay by the Third Party Supplier or their associates including but not limited to: Extra cleans, bedlinen, parking, pet fees, transport services, mini-bar, meeting room hire, gym usage, Wi-Fi usage, room service, equipment hire, meals etc.
  Intermediary: a business or organisation acting on behalf of clients to assist those clients in booking travel arrangements in connection with their trade, business, craft or profession.
  Serviced Accommodation: the furnished and managed accommodation (and any other travel arrangements) sourced by Bonjour Residences from the Third Party Supplier and provided to the Client.
  Bonjour Residences, we, us, our: Bonjour Residences Ltd, as specified at clause 1.1.
  Start Date: the check-in or start date whichever is earlier as confirmed in the Booking for the Serviced Accommodation.
  Third Party Supplier: the third-party supplier providing Serviced Accommodation or other ancillary services (including but not limited to grocery shopping and airport transfers) to Bonjour Residences for resale to Clients.
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OUR BOOKING SERVICES
1. Bonjour Residences Ltd acts as a reseller of Serviced Accommodation services. We source accommodation from Third Party Suppliers and resell it to you at a price determined by us. Your contract for the accommodation services is with us, not the Third Party Supplier.
2. We purchase accommodation services from ThirdParty Suppliers and set our own pricing, which may differ from what Third PartySuppliers charge. We issue invoices directly to you, and you are responsible for making full payment to us. The Third Party Supplier will invoice us separately.
3. When you make a Booking through us, you enter into a binding contract with us for the accommodation services, and we, in turn, arrange and pay for your accommodation with the Third Party Supplier.
4. The Agreement governs the contractual relationship between you and us under which we provide you with the BookingServices. They apply to the exclusion of any other terms and conditions that you seek to impose or incorporate or which are implied by trade custom, practice or course of dealing.
5. General agreement. The parties agree that theAgreement shall be considered a “general agreement” for the purposes of business travel exemption within the Package Travel and Linked Serviced Accommodation Regulations 2018 (“PTR”) and the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012 (“ATOL Regulations”). Accordingly, theServiced Accommodation sourced and booked by Bonjour Residences as part of its provision of the Booking Services are exempt from the scope of the PTR and theATOL Regulations and the Client and/or Client personnel is not afforded any of the rights provided by the PTR or ATOL Regulations.
MAKING A BOOKING
1. You should contact us via our website, or by telephone or email to request us to provide the Booking Services. When making such a request, you should provide us with as much information as we reasonably request to enable us to provide the Booking Services and to make a Booking of Serviced Accommodation on your behalf.
2. Should the Serviced Accommodation requested by you be available, we will confirm availability and pricing and issue a Booking Confirmation. Please note that all Serviced Accommodation is subject to availability.
3. Once issued, your Booking is legally binding, and you are responsible for full payment. The Booking Confirmation serves as proof of your contract with us for the accommodation.
4. It is your responsibility to check the Booking Confirmation. You should check the dates, times, the location of the Serviced Accommodation, the applicable cancellation policy as well as any specific requirements you may have. If anything is incorrect, please inform us without delay. You are responsible for ensuring that your Booking and Booking Confirmation is complete and accurate.
5. The Third Party Supplier providing the Serviced Accommodation is not party to this contract but is responsible for delivering the Serviced Accommodation we have arranged.
6. In addition to these Terms, your use of the Serviced Accommodation is also subject to the terms and conditions of the relevant Third Party Supplier. These terms may include house rules, cancellation policies, liability limitations, and other conditions that apply to the accommodation.
7. By making a Booking through us, you agree to comply with the Third Party Supplier’s terms where applicable. If there is any conflict between our terms and those of the Third Party Supplier, our terms shall take precedence in relation to payment and liability, while the Third Party Supplier’s terms shall govern accommodation-specific matters.
8. We will provide a summary of the key Third Party Supplier terms upon request and include relevant cancellation and house rules in your Booking Confirmation.
CHARGES & PAYMENT
1. You are responsible for all Charges. You are responsible for paying, in full, all Charges payable in respect of each Booking. If full payment of such sums is not received by the applicable due date, we reserve the right to cancel your Booking and/or notify the Third Party Supplier who may refuse to confirm your Booking. Any cancellation due to non-payment may be subject to fees as outlined in the applicable cancellation policy.
2. Invoices must be paid upon receipt. Unless we advise you otherwise in writing, you are obliged to pay each invoice submitted to you by Bonjour Residences on receipt, to a bank account nominated in writing by Bonjour Residences from time to time.
3. You must pay for all Extras. You and/or your guests are responsible for paying for any Extras or other charges which are incurred or charged by the Third Party Supplier in connection with a Booking. Normally these Extras or other charges will need to be paid for prior to the End Date. If for any reason the Third Party Supplier charges us for any Extras, you agree to reimburse us for these charges and to discharge any invoice we may issue to you relating to them.
4. No set-offs or deductions. You will pay all amounts due to us in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law).
5. The Charges are exclusive of VAT. Where VAT is payable in respect of some or all of the Booking, you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Charges.
CANCELLATIONS & AMENDMENTS TO BOOKINGS
1. Amendment or Cancellation by You
  1. If you wish to cancel or amend a Booking or any part thereof, you must advise us in writing and, in doing so, must give Bonjour Residences sufficient notice to enable Bonjour Residences to action the cancellation or amendment request.
  2. Cancellations and amendments can only be accepted in accordance with the Booking Confirmation and will be subject to the Third Party Supplier’s applicable policy on cancellations and amendments. You will be liable to pay any cancellation or amendment charges or price increase imposed by the Third Party Supplier.
  3. We reserve the right to charge you an administration fee for dealing with your amendment or cancellation requests that will be agreed upon with the Third Party Supplier.
  4. If you are unable to check-in on the Start Date, you must notify us as soon as possible as the Third Party Supplier will often be entitled to treat this as a “no-show” and cancel your Booking without further reference to you.
2. Amendment or Cancellation by Us or the Third Party Supplier
  1. We will promptly inform you of any changes or cancellations made to a Booking by the Third Party Supplier after we receive notification of the same from the Third Party Supplier.
  2. If, as part of any such amended or cancelled Booking, the Third Party Supplier offers alternative arrangements or a refund we will notify you and you must then inform us whether you wish to accept the alternative arrangements or a refund within the time frame stipulated.
  3. Where no alternative arrangements are offered by the Third Party Supplier or you, acting reasonably, reject the alternative arrangements, we shall assist you (in our capacity of acting as an agent only) in sourcing alternative arrangements, at your request.
  4. Bonjour Residences accepts no liability for any changes or cancellations made by the Third Party Supplier to any Booking.
NON-CIRCUMVENTION
1. By using our services, you agree that all bookings, inquiries, and transactions for accommodation and related services facilitated by Bonjour Residences must be conducted through Bonjour Residences. You shall not, directly or indirectly, engage in any business dealings, transactions, or communications with any accommodation provider introduced by Bonjour Residences for a period of 24 months from the date of the last booking. In the event of a breach of this clause, we reserve the right to:‍
  1. Charge a circumvention fee equivalent to 25% of the total booking value made directly with the supplier.
  2. Cancel any existing or future bookings without liability.
  3. Pursue legal remedies to recover lost revenue and damages.
2. This clause applies to all your subsidiaries, affiliates, and associated parties.
INDEMNITY
1. If you are a Business User:
  1. Interpretation. In this clause, a reference to Bonjour Residences shall include Bonjour Residences subsidiaries and group companies, and the provisions of this clause shall be for the benefit of Bonjour Residences and each such subsidiary and group company, and shall be enforceable by each such subsidiary and group company, in addition to Bonjour Residences.
  2. You shall indemnify Bonjour Residences against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by Bonjour Residences arising out of or in connection with:
    1. your breach or negligent performance or non-performance of these Terms;
    2. your breach or negligent performance or non-performance of the Booking Contract with the Third Party Supplier, including any breach by you of the Third Party Supplier’s terms and conditions;
    3. costs incurred by you or your guests directly with the Third Party Supplier, including any additional services purchased directly from the Third Party Supplier, and any charges imposed by the Third Party Supplier due to damage caused by your or your guests’ negligence or behaviour.
    4. Limits applying to this indemnity. This indemnity shall not cover Bonjour Residences to the extent that a claim under it results from Bonjour Residences negligence or wilful misconduct.
HOW WE MAY USE YOUR PERSONAL INFORMATION
1. How we use personal information. We will use any personal information you provide to us to:
  1. provide the Booking Services;
  2. process your payment for Bookings and the Booking Services;
  3. inform you about similar services that we provide; and
  4. for such other purposes as are set out in our Privacy Policy.
  5. Please see our Privacy Policy. Further details of how we will process personal information are set out in our Privacy Policy.
LIMITATION OF LIABILITY
1. Whether you are a Consumer User or Business User:
2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
3. If you are a Business User:
  1. We are responsible for ensuring that your Booking is made correctly and that the Serviced Accommodation is arranged as per your request.
  2. We exclude all implied conditions, warranties, representations or other terms that may apply to the provision of our Booking Services. We are not responsible for the quality, suitability, or condition of the Serviced Accommodation provided by the Third Party Supplier.
  3. Subject to clause 10.b, our total liability to you in respect of any individual Booking shall not exceed the total amount paid by you for that Booking.
  4. Subject to clause 10.2, we will not be liable for:
    1. loss of profits, sales, business, or revenue;
    2. loss of agreements or contracts;
    3. business interruption;
    4. loss of anticipated savings;
    5. loss of use or corruption of software, data or information;
    6. loss of business opportunity, goodwill or reputation; or
    7. any indirect or consequential loss or damage.
GENERAL
1. Events beyond each party’s control.
  1. If either we or you are prevented, hindered or delayed in or from performing any of its obligations under the Agreement by any circumstance not within its reasonable control (an “Affected Party”), the Affected Party shall not be in breach of the Agreement or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.
  2. The Affected Party shall: (i) as soon as reasonably practicable after they have commenced, notify the other party in writing of the circumstances not within its reasonable control that are occurring, the date on which they started, their likely or potential duration and the effect of those circumstance on its ability to perform any of its obligations under the Agreement; and (ii) use all reasonable efforts to mitigate the effect of those circumstances on the performance of its obligations.
  3. Assignment and transfer.
    1. We may assign or transfer our rights and obligations under the Terms to another entity but will always notify you in writing if this happens.
    2. You may only assign or transfer your rights or your obligations under the Terms to another person if we agree in writing.
  4. Variation. Any variation of the Terms only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
  5. Waiver. If we do not insist that you perform any of your obligations under the Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
  6. Severance. Each paragraph of the Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
  7. Third party rights. The Terms and (where applicable) the Agreement is between you and us. No other person has any rights to enforce any of its terms.
  8. Entire agreement. The Terms and (where applicable) Agreement is the entire agreement between you and us in relation toits subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in these Terms or the Agreement. We may amend these Terms from time to time. The version applicable to your Booking will be the one in effect at the time of confirmation. By making a Booking with us, you confirm that you have read, understood, and agreed to these Terms.
GOVERNING LAW
1. If you are a Consumer User. Please note that these Terms, their subject matter and their formation, are governed by Scots law.
2. If you are a Business User. These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Scots law. We both agree to the exclusive jurisdiction of the courts of Scotland.