License to Occupy Terms & Conditions

1. Summary

Thank you for choosing to stay with Hiikots Ltd “ Hiikots Homes” serviced accommodation provider based in Essex United Kingdom.

These terms and conditions of your license are a legal agreement between us Hiikots Ltd, the managing agent and you the Licensee making the booking. You accept these conditions for yourself including all adult members of your party who will be staying in our property, these terms and condition also applies if you are booking on behalf of others.

Data Protection Policy – Hiikots Homes is required to gather certain personal data about clients for the purposes of satisfying operational and legal obligations.

These personal data will be subject to the appropriate legal safeguards as specified in the Data Protection Act 1998. Hiikots Homes fully endorse and adhere to the eight principles of the Data Protection Act. These principles specify the legal conditions that must be satisfied in relation to obtaining, handling, processing, transportation and storage of personal data.

Parties

• Hiikots Homes of (Licensor)
• of 230 Caspian Way RM19 1LF (Licensor)
• Guest (Licensee)
• License Start Date - On booking confirmation
• License End Date - On booking confirmation

Agreed terms

1. Interpretation

The following definitions and rules of interpretation apply in this licence.

1. Definitions:

Licence Fee: the amount is agreed at the time booking POUNDS per [night OR week OR month].Licence fee is paid on or in advance of the licence fee commencement date. In the event of a renewal request, the licence fee may be changed at anytime during the period of this licence due to the season and other factors. Licensee will be given [at least 14 days] notice prior to the changes.

• Licence Fee Commencement Date: {See Parties Section (4)}
• Licence Period: the period from and including [see Parties Section (4)] to [see Parties Section (5)] OR until the date on which this licence is determined in accordance with clause 6.
• Licence Renewal: the period of this licence can only be extended upon request in writing by the Licensee in at least 14 days before the end of the licence period and approved by the Licensor in writing.
• Property: [address as detailed in the booking confirmation].
• Services: complimentary cleaning occurs once every 3 weeks. If frequent cleaning is required, a fee of £85 per cleaning is payable by the Licensee.
• Utilities: electricity, gas, water, sewage services, Wi-Fi are included in the licence fee.The Licensor cannot be held responsible for any failure or interruption to these services to the property caused as a result beyond the Licensor’s control.
• VAT: value added tax or any equivalent tax chargeable in the UK.
  1. Clause headings shall not affect the interpretation of this licence.
  2. Unless the context otherwise requires, words in the singular include the plural and in the plural include the singular.
  3. Unless the context otherwise requires, a reference to one gender includes a reference to the other genders.
  4. Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
  5. References to clauses are to the clauses of this licence.
  6. A working day is any day which is not a Saturday, a Sunday, a bank holiday or a public holiday in England.
  7. A reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted from time to time.
  8. A reference to legislation or a legislative provision includes all subordinate legislation made from time to time under that legislation or legislative provision.
  9. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
• Licence to occupy
  1. Subject to clause 3 and clause 6, the Licensor permits the Licensee during the Licence Period to:
     • occupy the Property;
     • use the Furnishings; and
     • pass along the Accessways and Common Parts, and all others authorised by the Licensor.
  2. The Licensee acknowledges that:
     • the Licensee shall occupy the Property as a licensee and that no relationship of landlord and tenant is created between the Licensor and the Licensee by this licence;
     • the Licensee confirms that the purpose of stay is temporary, for a holiday, business trip, or short-term accommodation, not as a primary residence.
     • The Guest confirms that the property is not their principal or only home.
     • the Licensee shall not be entitled to any statutory protection under the Housing Act 1988 when this licence terminates;
     • the Licensor retains control and possession of the Property and the Licensee has no right to exclude the Licensor from the Property or entering the Property;
     • without prejudice to the Licensor's rights under clause 6, the Licensor shall be entitled at any time when necessary on giving not less than 48 hour’s notice to require the Licensee to transfer to a comparable property elsewhere and the Licensee shall comply with such requirement;
     • the Licensor is entitled to retain keys/access for the Property, and the Licensor and any persons authorised by the Licensor may exercise the right to use these keys or access code and enter the Property at any time after appropriate notice period; and
     • the licence to occupy granted by this agreement is personal to the Licensee and is not assignable, and the rights given in clause 2.1 may only be exercised by the Licensee.
• Licensee's obligations
  1. The Licensee agrees and undertakes:
     • to pay to the Licensor:
       • the Licence Fee payable without any deduction in advance by credit card or bank transferrin advance, such payment being for the period from and including the Licence Fee Commencement Date to the end of the [week ORmonth] following such date to be made on [DATE];
       • the agreed Deposit if applicable to the Licensor on entering into this licence;
     • to keep the Property, the Facilities and the Common Parts clean, tidy and clear of rubbish;
     • not to cause any damage to the Property or any other part of the Property;
     • to notify the Licensor of any damage to the Property or Furnishings caused by the Licensee or the Licensee's visitors;
     • to use the Property solely for living in and not for business purposes;
     • Licensee with small children is required to undertake OR provide OR be responsible to provide all suitable childproofing safety equipment;
     • not to permit anyone else to stay in the Property [although the Licensee may, allow visitors to visit in the Property on an occasional basis. Any undeclared visitors will be subject to an additional charge of £50 per person per night];
     • not to make a copy of the set of keys/share the Property access code provided by the Licensor;
     • if the Licensee loses the keys or security device provided, to notify the Licensor without delay, and bear the costs reasonably incurred of replacement keys, security devices and locks;
     • not to prevent the Licensor or any person authorised by the Licensor from entering into the Property;
     • not to re-decorate the Property and not to make any alteration or addition whatsoever to the Property;
     • not to smoke in the Property [where there is evidence of the Licensee smoking within the property, the Licensor reserves the right to charge £150 for specialist cleaning];
     • not to keep any pets in the Property; except by prior authorisation, fee applicable
     • not to have any party or group gathering in the property or play loud music at the property;
     • not to do or permit to be done in the Property anything which is illegal or which may be or become a nuisance (whether actionable or not), annoyance, inconvenience or disturbance to the Licensor or the Licensor's agents or to the other residents of the Property and their visitors or any owner or occupier of neighbouring property;
     • not to cause or permit to be caused any damage to:
       • the Property or any neighbouring property; or
       • any property of the owners or occupiers of the Property or any neighbouring property;
     • not to obstruct the Accessways or Common Parts;
     • not to do anything that will or might vitiate in whole or in part any insurance in respect of the Property, or increase the insurance premium;
     • to observe any rules and regulations the Licensor makes and notifies to the Licensee from time to time governing the Licensee's use of the Property and Facilities;
     • to leave the Property when this licence terminates, failing which the licensee agrees to pay daily/nightly rates and costs, including legal costs;
     • to leave the Property in a clean and tidy condition and to remove the Licensee's possessions at the end of the Licence Period;
     • to pay to the Licensor interest on the Licence Fee of 3% per annum above the base rate of the Bank of England from time to time calculated on a daily basis from the due date until payment if the Licensee shall fail to pay the Licence Fee within 14 days of the due date (whether such interest is formally demanded or not).
• Licensor's obligations
  1. The Licensor agrees and undertakes:
     • to provide the Licensee with one set of keys or smart door lock code to access the Property;
     • to pay to the relevant suppliers the Utilities Costs;
     • to pay the council tax in respect of the Property;
     • to refund the Deposit to the Licensee within 7 working days of termination of this licence, subject to deduction of such proportion of the Deposit as may be necessary to make good any Default by the Licensee. The Licensor will not pay any interest on the Deposit; and
     • the Licensor shall:
       • provide the Licensee with fresh bed linen for every cleaning; and
       • arrange for the Property to be cleaned every 3 weeks.
  2. Health and Safety
     1. The Licensor confirms that:
        • the Furnishings are fire resistant;
        • the Gas Safety (Installation and Use) Regulations 1998 (SI 1998/2451) have been satisfied and a gas safety certificate is available for inspection by the Licensee; and
        • the electrical appliances provided by the Licensor are safe and all appliances manufactured after 19 January 1997 are marked with the relevant CE symbol.
  3. Termination
     1. This licence shall end on the earliest of:
        • [DATE ON WHICH LICENCE ENDS]; see Parties Section (5) except an extension request has been granted subject to availability
        • No longer than 90 Days from the Licence Fee Commencement Date;
        • the expiry of not less than [two] weeks' notice given by the Licensor to the Licensee if the Licensee breaches any of the Licensee's obligations contained in clause 3; and
        • the expiry of not less than two weeks' notice given by either party to the other.
     2. Termination of this licence shall not affect the rights of either party in connection with any breach of any obligation under this licence which existed at or before the date of termination.
     3. If this licence terminates in accordance with clause 6.1:
        • From the date this licence terminates & licensee exits the property, the Licensor shall refund to the Licensee the relevant proportion of any sums already paid by the Licensee relating to the Licence Fee in respect of the period after this licence terminates, as calculated on a daily basis.
  4. Limitation of Licensor's liability
     1. Subject to clause 7.2, the Licensor is not liable for:
        • the death of, or injury to, the Licensee or visitors to the Property; or
        • damage to, or theft of, any possessions of the Licensee or the Licensee's invitees to the Property;
        • any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred by the Licensee or the Licensee's invitees to the Property in the exercise or purported exercise of the rights granted by clause 2; or
        • the acts or omissions of any other resident of the Property or their visitors.
     2. Nothing in clause 7.1 shall limit or exclude the Licensor's liability for:
        • death or personal injury or damage to property caused by negligence on the part of the Licensor or its agents; or
        • any matter in respect of which it would be unlawful for the Licensor to exclude or restrict liability.
  5. VAT

All sums payable by the Licensee are exclusive of any VAT that may be chargeable. The Licensee shall pay VAT in respect of all taxable supplies made to it in connection with this licence on the due date for

1. making any payment or, if earlier, the date on which that supply is made for VAT purposes.
2. Every obligation on the Licensee, under or in connection with this licence, to pay the Licensor or any other person any sum by way of a refund or indemnity, shall include an obligation to pay an amount equal to any VAT incurred on that sum by the Licensor or other person, except to the extent that the Licensor or other person obtains credit for such VAT under the Value Added Tax Act 1994.

A person who is not a party to this licence shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this licence.

1. Governing law
   1. This licence and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
2. The waiver or failure to enforce any breach or provision of this Agreement shall not be considered a waiver of that or any other provision in any subsequent breach thereof. If any provision herein is held invalid, the remainder of the Agreement shall not be affected.
3. Any notice required to be given under this Agreement shall be in writing and sent to the contact information included herein.
4. 14. This licence has been entered into on the date stated at the beginning of it:
5. This Agreement may be signed in one or more counterparts, each of which is an original, but taken together constitute one in the same instrument. Execution of a digital signature shall be deemed a valid signature.
6. 16. I hereby confirm I have read, fully understand and agree to comply with the terms and conditions regarding my booking with Hiikots Ltd as stated in the document.
7. 17. This licence has been entered into on the date stated on the booking confirmation start date.