Terms and Conditions

These conditions govern all bookings made (whether through website, email, telephone or other means) with Birchover Properties Limited (Birchover) registered in England under number 2226798 whose registered office is at 120 Park Farm Drive, Allestree, Derby DE22 2QP. You accept these conditions yourself and on behalf of all members of your party whether you are booking as a guest or on behalf of others.

Booking and Payment

Once Birchover has confirmed your booking order in writing (by email or letter) a contract will then exist between Birchover and yourself. Payment in full is required at the time of booking, unless otherwise agreed in writing.
Any late payments will result in interest being charged on the sum due at a rate that is 6% above Bank of England base rate for the period concerned.

Rates

The rates we advertise are to the best of our knowledge correct at the date of publication but we reserve the right to change any rates from time to time. Rates can go up or down. Once a booking has been confirmed Birchover will not change the rate quoted. VAT is charged at the rate in force at the time of booking.

Payment of additional charges

Valid credit/debit card details must be supplied at the time of booking and/or upon arrival at the apartments to cover the additional charges. Additional charges will include telephone calls, laundry/dry cleaning services and any damages to the apartments or contents caused by the guest.

Arrivals and Departures

Apartments are available for occupation from 4:00pm on the day of arrival to 10:00am on the day of departure. As the apartments are unmanned, you will need to ensure that Birchover is informed of an arrival time and guest mobile phone number provided (where available) to ensure there is a Birchover representative on site to allow guests' access to the apartments. Early or late check-in and late checkouts will need to be agreed with Birchover prior to the arrival of the guests.

Changes and cancellations

Changes:
Once Birchover has confirmed a booking, should you wish to change your booking all requests must be made in writing and Birchover will do their best to help.
All changes of date are subject to availability. Should any change be rejected, the original booking will be re-instated.

Cancellations:
Requests for cancellations and changes must be made by contacting the Birchover office during our office hours (9am-5pm Mon-Fri (excluding bank holidays)).
All cancellations must be confirmed in writing (email is acceptable). Cancellation charges will be applied in relation to the notice period between notification of cancellation and the date of stay at each apartment within a booking (see below for sliding scale):

• Stays of less than 7 nights - Birchover must receive notification of cancellation for bookings from 1 to 6 nights at least 48 hours prior to midday on the day of arrival. Cancellations received less than 48 hours prior to arrival will be subject to 100% cancellation charge.
• Stay of 7 - 27 nights - Birchover must receive notification of cancellation for bookings from 7 to 27 nights at least 48 hours prior to actual arrival date. Where notification of cancellation is received less than 48 hours prior to the arrival date Birchover will apply a minimum cancellation charge of 7 nights accommodation.
• Stays of 28+ nights - Birchover must receive notification of cancellation for bookings of 28 nights plus, at least 7 days prior to the actual arrival date. Where notification of cancellation is received less than 7 days prior to arrival date Birchover will apply a minimum cancellation charge of 7 nights accommodation.
• Non-arrivals will be treated as a cancellation and will be subject to a 100% cancellation charge.

Birchover reserves the right to treat an early departure or reduction in the number of nights or apartments booked which results in a reduction in the overall charges payable as a cancellation.
Birchover does not expect to have to make any changes to your booking however occasionally bookings have to be changed or cancelled or errors in information or other details corrected. Birchover reserves the right to do so. If this does happen, Birchover will contact you by telephone or email where reasonably possible to explain what has happened and inform you of the cancellation or change. If a change has to be made (and the change is not acceptable to you) or our booking has to be cancelled Birchover will, if possible and as soon as reasonably practical, offer you an alternative apartment of similar or higher standard in a similar location for the same period. If you do not wish to accept a change or any alternative apartment offered or Birchover cannot offer you a suitable alternative apartment, you will be entitled to cancel your booking and receive a full refund of all monies paid to Birchover unless this is as a result of an Event beyond our control (see below).

Extensions:
If you wish to extend a stay, Birchover requires notice in writing. Please give as much notice as possible in order to facilitate your request. All extensions are subject to availability and rate change. Failure to give Birchover notice in writing of an intention to extend a stay may result in your apartment being booked by another guest.
Where notice of intention to extend your stay has been given, Birchover reserves the right to take all additional payments and charges from any credit/debit card used to make the original booking (plus any further deposit requirements). Where payment has been made by cheque or bank transfer, an invoice for the requested extended period will be sent to the billing address provided at the time of booking and payment must be made by return.

Group Bookings

Birchover defines a group as being three apartments or more being booked for similar dates. For group bookings, the minimum cancellation charges that will apply per group booking regardless of length of stay, are the same as for stays of 28+ nights as detailed above.

Accommodation and Occupancy

All apartments are occupied as serviced apartments and on the basis that no rights of tenancy are created. If this contract is with an individual person (as opposed to a company) then by entering into this agreement the person is declaring that the apartment booked is not his/her principal place of residence.

Internet/Broadband

Where Internet or broadband connectivity is available, you agree to use such services in a responsible manner and not for any illegal purpose.

Restrictions

Smoking: Birchover operates a non-smoking policy in its apartments
Pets: Birchover regrets that pets are not allowed in the apartments.

Liability

Birchover is not responsible for the theft and/or damage of your personal belongings during your stay in any apartments booked. Therefore you are advised to ensure you have appropriate insurances in place.
Nothing in these terms and conditions shall affect your statutory rights if you are a consumer. Nothing in these terms and conditions limits or excludes the liability of Birchover for death or personal injury resulting from negligence; or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by Birchover, or any liability that cannot by law be excluded.
If you are booking for, as or on behalf of a business or business employee, that business shall indemnify Birchover against all liabilities, costs, expenses, damages and losses (including any direct or indirect consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by Birchover arising out of or in connection with your, or your business', breach or negligent performance or non-performance of these terms and conditions. If you are booking for, as, or on behalf of a business or business employee, Birchover's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of your booking shall be limited to the fee paid to Birchover under your booking.
Birchover shall not be liable for any failure or delay in performance of its obligations, which results directly or indirectly from any cause or circumstance, which is beyond its reasonable control affecting the building or the local area.
Events beyond Birchover's control shall include but is not limited to the following: act of God, outbreak of hostilities, riot, civil disturbance, acts of terrorism, revolution, the act of any government or authority (including but not limited to refusal of revocation of any licence or consent), fire, flood, lightning, explosion, fog or bad weather, interruption or failure of a utility service (including but not limited to electricity, gas, water or telecommunications), renovations undertaken at the property, strikes, lockouts our boycotts, embargo, blockade.
Other than in relation to death or personal injury caused by Birchover's negligence, or any other liability that by law cannot be excluded or restricted, Birchover's liability to you in relation to these conditions is limited to the higher of (i) GBP £1000; and (ii) the value of the booking made with Birchover.

Nuisance

Guests are expected to behave in a reasonable manner and to allow fellow guests to enjoy peacefully the surrounding environment. Birchover reserves the right to cancel any booking with immediate effect and without refund if a guest's behaviour is causing any sort of nuisance or disruption to fellow guests or uses threatening or abusive behaviour towards our staff on the phone, in writing or in person.

Services

Although Birchover will make every effort to ensure that guests enjoy a peaceful stay, Birchover cannot guarantee, or be held responsible for any failure or interruption of, services to the apartment or the building, including electricity, air conditioning, water or any damage, telephone, broadband, internet and other communications, disruption or noise caused as a result of repair works being carried out in another part of the property. However, upon notification by a guest/booker, Birchover will use its best endeavours to maintain and rectify (within a reasonable period of time) all services and issues (within reason) to Birchover apartments.

General

Birchover reserves the right to change these conditions from time to time. Should guests be in breach of any of these conditions, Birchover reserves the right to request that guests vacate their apartment within 24 hours. These conditions shall be governed by and construed in accordance with the laws of England and the Courts of England shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning these conditions and any matter arising from them.

Privacy

We may use your contact details to inform you of our products including special offers that we think may be of interest to you. If you do not want us to use your contact information to send details of our products to you, please let us know by email to info@birchover.com. All information collected or properly obtained during the booking process will be processed in accordance with Data Protection legislation.

November 2010