Terms and Conditions
EvoStar Short Stays Ltd
Booking Terms and Conditions
By booking accommodation through EvoStar Short Stays Ltd you are agreeing to the following terms and conditions (“Terms”).
1. Definitions
1.1. EvoStar Short Stays means EvoStar Short Stays Ltd which is a limited company registered in England and Wales (registered number 14848128) whose registered office is at Dukeries Business Centre, 31-33 Retford Road, Worksop, England, S80 2PU.
1.2. References to you or your means the person or organisation making the Booking (as defined below) through EvoStar Short Stays and as detailed in the Booking Confirmation (as defined below).
2. The Booking
2.1. Your Booking is with the EvoStar Short Stays in facilitating a Booking through its website (www.evostarshortstays.co.uk, the “Website”), by email (admin@evostarshortstays.co.uk) or by telephone to the number set out on the Website. Your contract for the Booking will be between you and EvoStar Short Stays in accordance with these Terms (the “Booking”).
2.2. These Terms apply to Bookings made via the Website, by email or by telephone to EvoStar Short Stays.
2.3. EvoStar Short Stays will take your contact details and confirm your Booking via email setting out the details of your Booking (Booking Confirmation).
2.4. The Booking Confirmation will contain the bank details for you to make secure payment for your Booking. The Booking Confirmation will state whether full or partial payment is required at that time, what the date for making full payment is if not at that date and whether any security deposit is required. The Booking Confirmation will also contain any specific rules relating to staying at the accommodation.
2.5. Your Booking is confirmed and a legal contract concluded once payment (whether partial or full payment) has been successfully made. No Booking is made or contract concluded when payment is declined or unauthorised.
2.6. These Terms bind you and all the guests in your party. It is your responsibility to ensure that all the guests in your party are aware of and comply with these Terms.
2.7. You agree that the Booking is for a short term stay for leisure, business or temporary purposes and does not give rise to an assured shorthold tenancy or lease and is an excluded agreement within the meaning of s.3A(7)(a) of the Protection from Eviction Act 1977.
2.8. Bookings may be made at any time up to 6.00pm on the first night of your stay.
2.9. Except as provided in this section 2.9, Bookings may only be made by a person aged 21 or above and there must be at least one person aged 21 or above staying in the accommodation. In some cases, EvoStar Short Stays may specify a higher minimum age for Bookings. The maximum number of guests allowed to stay in the accommodation will be specified in the accommodation details. You must not permit this maximum number to be exceeded at any time unless you have obtained permission in writing from EvoStar Short Stays.
2.10. You may not re-sell or re-assign your Booking to any other person or organisation except with the express authority of EvoStar Short Stays.
3. Payment, Alterations and Cancellations
3.1. All payments shall be made by credit / debit card or bank transfer. EvoStar Short Stays does not charge booking fees or credit or debit card fees.
3.2. At the time of making the Booking, you will be advised whether a deposit is payable with the full payment due at a later date or whether the full payment is required and in this case on what date full payment must be made by. EvoStar Short Stays shall supply an invoice on behalf of the Supplier.
3.3. The total price for your entire stay will be presented to you before you confirm your Booking and make payment. Pricing is dynamic and therefore the price for the same or similar accommodation may vary over time after your Booking is made. This does not confer upon EvoStar Short Stays any right to require additional payment where the price increases and does not confer any right on you to a discount if the price decreases.
3.4. If you need to make an alteration to your Booking, you must contact EvoStar Short Stays to discuss the options available to you. Additional fees may be chargeable for such alterations and EvoStar Short Stays cannot guarantee that your requested alteration will be possible.
3.5. The following cancellations provisions apply unless specified otherwise in the reservation information provided prior to Booking.
3.5.1. Both EvoStar Short Stays and you may cancel the Booking at any time up to 14 days prior to the first day of your Booking in which case a full refund will be made to you. Refunds will be issued by the same method as payment was made within 5-10 working days. If you made your Booking via bank transfer, you will need to provide your bank account details to EvoStar Short Stays to enable this refund to be processed.
3.5.2. If you cancel the Booking within 14 days of the first day of your Booking then EvoStar Short Stays reserves the right to retain the full amount paid. Any refund will be at EvoStar Short Stay’s entire discretion. If it is possible to secure a booking for the accommodation to other guests, you shall be entitled to a refund your Booking cost, less any difference in price where the replacement Booking was of a lesser value.
3.5.3. EvoStar Short Stays reserves the right to cancel any Bookings at any time. If the cancellation is made less than 14 days prior to the first day of your Booking, EvoStar Short Stays will use reasonable efforts to find alternative accommodation for you. If alternative accommodation is found, then you will be notified and must confirm or reject such alternative accommodation within 24 hours of notification. EvoStar Short Stays will be responsible for paying the difference between the cost of the original Booking and the cost of the alternative accommodation. If they are not able to find acceptable alternative accommodation you will receive a full refund. Refunds will be issued by the same method as payment was made within 5 - 10 working days. If you made your Booking via bank transfer you will need to provide your bank details to EvoStar Short Stays to enable this refund to be processed. No compensation or expenses are payable by EvoStar Short Stays as a consequence of cancellation in accordance with this section 3.5.
3.6. If you were required to pay a security deposit at the time of payment for the Booking, subject to any deductions made in accordance with section 5.2, EvoStar Short Stays will refund your security deposit within 5-10 working days of the end of your Booking. If you made your Booking via bank transfer you will need to provide your bank account details to EvoStar Short Stays to enable this refund to be processed.
4. Your stay
4.1. Check-in time and check-out time shall be detailed in the Booking Confirmation. You must comply with the check-in time and check-out times. Alternative check-in and check-out times may be agreed in advance in writing with EvoStar Short Stays and will be confirmed by email. EvoStar Short Stays may require an additional payment for early check-in or later check-out which will be advised to you by EvoStar Short Stays. Information on the check-in and check-out procedure and access instructions (including location of keys or access codes) will be provided separately by email no more than 24 hours prior to the first day of the reservation.
4.2. Your Booking is for serviced accommodation rather than a hotel or guest house service (unless expressly specified otherwise). Meals and newspapers are not provided.
4.3. Included in the accommodation will be linen and towels, shower gel and shampoo. A cleaning service is provided and further information is available on request. Your accommodation will also include a supply of coffee and tea.
4.4. You and all the guests in your party shall keep the accommodation and all furniture, fixtures, fittings and effects in, on or at the accommodation in the same state of repair as at the commencement of the Booking, and shall leave the accommodation in the same state of cleanliness and general order in which it was found.
4.5. You are responsible for the conduct of all the guests in your party staying within the accommodation. In particular you and your guests must not:
4.5.1. smoke in the accommodation. All rooms and common spaces in the accommodation are strictly non-smoking. You and other guests may only smoke outside of the accommodation;
4.5.2. except as set out in section 4.6 – 4.10 below, bring any pets into the accommodation, with the exception of assistance dogs;
4.5.3. bring any potentially dangerous or hazardous materials or equipment into the accommodation;
4.5.4. tamper with any fire alarms or emergency equipment;
4.5.5. remove, damage or destroy any Supplier property;
4.5.6. use any technology provided by the Supplier to download or access any unlawful or obscene material;
4.5.7. cause unreasonable disturbance to our other guests or any member of the EvoStar Short Stay staff;
4.5.8. make excessive noise particularly after 11pm especially from televisions and other electronic devices;
4.5.9. fail to return your room keys/fobs/cards at the end of your stay as, in the interests of security, EvoStar Short Stays may have to replace the corresponding locks.
4.6. Notwithstanding section 4.5.2 above, where the accommodation allows dogs the following provisions apply:
4.6.1. you must specify the type and number and there is an additional charge per dog, which is specified at the time you make the Booking to cover the additional cleaning costs incurred;
4.6.2. dogs must be under strict control at all times while in the accommodation and must not be left alone at any time;
4.6.3. any fouling must be cleared up immediately and disposed of appropriately;
4.6.4. you must bring an appropriate bed or cage for the dog to sleep in and dogs must not lie on beds or furnishings.
4.7. Any breach of these provisions will allow EvoStar Short Stays to refuse access to the accommodation or request you leave prior to the end of your Booking.
4.8. All accommodation will be thoroughly cleaned after each Booking, however it cannot be guaranteed that an assistance dog has not stayed in the accommodation (even though such accommodation is stated to be pet free. EvoStar Short Stays accept no responsibility for any suffering which may occur as a result of pets being present in such accommodation.
4.9. You will be liable for any damage caused by any dogs included in any Booking.
4.10. Pets other than dogs may be allowed at EvoStar Short Stays discretion. You must obtain prior written approval from EvoStar Short Stays at the time of making the Booking. Additional charges and terms may apply.
4.11. EvoStar Short Stays, shall be allowed access to the accommodation at any reasonable time during any Booking Period for maintenance or inspection purposes.
4.12. If you require any assistance during your Booking, you should contact EvoStar Short Stays on the contact details set out in the Booking Confirmation.
5. Damage, theft and costs
5.1. You must report any damage or breakages made during the Booking immediately to EvoStar Short Stays.
5.2. EvoStar Short Stays reserves the right to deduct from any security deposit payment or make a charge to the credit/debit card used for payment in respect of:
5.2.1 the cost of replacing or repairing any property including furniture, upholstery, fittings, appliances or other fixtures and items which are damaged during your stay;
5.2.2 the cost of replacing any items of property which are removed or stolen from the accommodation during your stay;
5.2.3 any breach of EvoStar Short Stays non-smoking policy. A standard charge of £200 will be charged to your credit or debit card where EvoStar Short Stays finds evidence of smoking within the accommodation to cover cleaning costs but EvoStar Short Stays reserves the right to charge additional amounts to cover any damage caused by smoking.
5.3. Such costs may be charged on check-out but EvoStar Short Stays reserves the right to apply such charges to your credit or debit card at a later date where necessary.
5.4. Where a security deposit was not made and where EvoStar Short Stays is unable for any reason to apply such a charge against your credit or debit card then an invoice will be sent to you. You must pay this invoice within 14 days of receipt.
5.5. EvoStar Short Stays will provide a receipt including a break-down of costs for all additional charges made to your credit or debit card.
6. Privacy, Data Protection and Credit/Debit Card Security
6.1. EvoStar Short Stays processes information about you that you provide when making a Booking in accordance with its privacy policy. By providing this information you consent (on your behalf and on behalf of guest in your party) to such processing and you warrant that all information provided by you is accurate.
6.2. You acknowledge that EvoStar Short Stays is required by law to maintain a register of all guests’ names and nationality (to be taken on arrival) and to keep such details on file for at least 12 months from the date of arrival.
6.3. For full details on how EvoStar Short Stays collect, use and store personal data please see our full Privacy Policy.
6.4. EvoStar Short Stays use a secure third-party service to process card payments (www.stripe.com/gb). This service is PCI-DSS compliant and allows EvoStar Short Stays to make charges to your credit or debit card in accordance with these Terms. EvoStar Short Stays do not make or store any copy of your card details in its own systems or elsewhere. You can read the privacy policy of the third-party provider here: www.stripe.com/gb/privacy.
7. Enquiries
7.1. EvoStar Short Stays will seek to respond to or resolve any reasonable enquiry you may direct to it in relation to your Booking, however EvoStar Short Stays shall not be liable for any delay in or failure to respond to or resolve an enquiry raised directly with itself.
8. Complaints
8.1. EvoStar Short Stays want to ensure that you have an enjoyable stay. If you have a problem during your stay please talk to EvoStar Short Stays who will be able to help you.
8.2. If EvoStar Short Stays is unable to informally resolve any complaint you have at the time of your stay then you may submit a formal complaint in accordance with this procedure. Formal complaints should be submitted in writing to EvoStar Short Stays by email or by letter . Please provide as much information as possible in order that EvoStar Short Stays may properly investigate your complaint.
8.3. If you wish to make a complaint about EvoStar Short Stays ’ services (i.e. in relation to the Booking process only) then this should be submitted to the email or postal address in section 8.4 below:
8.4. Your complaint will be dealt with by an appointed member of the EvoStar Short Stays management team. EvoStar Short Stays aims to respond to formal complaints within 2 working days but if this is not possible EvoStar Short Stays will notify you of this and of when it expects to respond. EvoStar Short Stays will set out the outcome to your complaint in writing. Email address: admin@evostarshortstays.co.uk Postal address: Dukeries Business Centre, 31-33 Retford Road, Worksop, England, S80 2PU
8.5. EvoStar Short Stays reserves the right to reject without further investigation any vexatious complaint or complaint made in bad faith.
9. Limitation of Liability
9.1. Liability for your Booking or stay at and use of the accommodation lies with EvoStar Short Stays in accordance with the following terms of this section.
9.2. EvoStar Short Stays endeavours to ensure that all information provided prior to, during and after your Booking has been made is accurate but shall not be responsible for any incorrect or missing information regarding the accommodation or Booking.
9.3. The liability of EvoStar Short Stays to you under these Terms shall be limited to the total value of your Booking (unless the Hotel Proprietors Act 1956 applies, in which case EvoStar Short Stays liability will be limited to the maximum prescribed under that Act) except where such loss is caused by EvoStar Short Stays negligence, in which case it shall be limited to any direct and reasonably foreseeable loss suffered by you.
9.4. EvoStar Short Stays shall not be liable in any circumstances to you for any consequential or indirect loss including loss of profit, data, management time, reputation or goodwill.
9.5. EvoStar Short Stays shall not be liable for any damages or loss caused by conditions or events beyond its control including, but not limited to:
9.5.1. strike, lockout or other labour dispute affecting the employees of EvoStar Short Stays;
9.5.2. acts of God;
9.5.3. natural disasters;
9.5.4. acts of war or terrorism;
9.5.5. act or omission of government, highway authorities or telecommunications carrier, operator or administrator;
9.5.6. delay in manufacture, production or supply by third parties of equipment or services required for the performance of the Services or production and supply of the Goods;
9.6. Nothing in this section or these Terms shall limit EvoStar Short Stays’ liability for death or personal injury or in respect of fraudulent misrepresentation.
10. Severability
10.1. If any provision or provisions of these Terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
11. Waiver
11.1. The failure of any party at any time to require performance of any provision or to resort to any remedy provided under these Terms shall in no way affect the right of that party to require performance or to resort to a remedy at any time thereafter, nor shall the waiver by any party of a breach be deemed to be a waiver of any subsequent breach. A waiver shall not be effective unless it is in writing and signed by the party against whom the waiver is being enforced.
12. Entire Agreement
12.1. These Terms constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written.
13. Third party rights
13.1. EvoStar Short Stays shall be entitled to enforce its rights under these Terms against you or any person staying at or using the accommodation.
13.2. Otherwise, nothing in these Terms is intended to, nor shall, confer any rights on a third party unless expressly provided otherwise.
14. Jurisdiction
14.1. These Terms shall be construed in accordance with English Law and the Courts of England and Wales shall have exclusive jurisdiction in so far as any matter arising from these Terms is required to be referred to a court of law.
