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TERMS AND CONDITIONS

THE GEM HOUSE TERMS AND CONDITIONS:

Hotel Lush. 

 

1. Introduction:

These are the terms and conditions that apply when you book accommodation with THE GEM HOUSE and its subsidiaries.

By booking with us you are hereby confirming your acceptance of these terms and conditions when you make a reservation. We reserve the right to amend these terms and conditions at any time and you should therefore check them on each booking occasion. 

 

  1. References to ‘you’ or ‘your’ are references to the person or organisation making the booking.

  2. These terms apply to bookings made via THE GEM HOUSE website, by email or telephone or in 

person. Bookings made via Booking.com, TripAdvisor, Airbnb and HomeAway will be subject to their terms and conditions and additional our own terms noted here.

  1. 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. Bookings can be for any length from one night up to three months. 

 

2. Reservations:

To reserve your accommodation please follow the instructions on the website, mobile site or app (as applicable).

You will need to provide your credit or debit card details to secure your reservation. 

 

  1. The total price for your entire stay will be presented to you before you confirm your booking and    make payment. Our 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 THE GEM HOSUE 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.

  2. We use a secure third-party service to process card payments (Stripe). This service is PCI-DSS compliant and allows us to make charges to your credit and debit card in accordance with these terms. We do not make or store any copy of your card details in our own systems or elsewhere. You can read the privacy policy of the third-party provider here: https://stripe.com/gb/privacy (https://stripe.com/gb/privacy)

 

Please check that the details of your reservation are complete and accurate before you confirm your reservation. We will not be liable for any delay or non-performance if you provide us with incorrect information.

 We will confirm our acceptance of your reservation by sending you an email to the email address that you provide during the reservation process. The contract between us for the provision of your accommodation and any additional services added to your reservation will be formed when you receive this email confirmation from us.

 If you think that there is a mistake in your reservation or if you require any changes to a confirmed reservation, please contact us to discuss. For more information on cancellation, please see cancellation section below.

 

3. Accommodation Prices

When you make a reservation request, we will give you a total price for the accommodation and number of nights you have requested. The price you pay is the price quoted to you at the time you make your reservation.
 

Prices are per accommodation, per night and are inclusive of VAT at the applicable rate at the time of your reservation. If the rate of VAT changes between the date of your reservation and the date of your stay, we may adjust the rate of VAT but the price you pay will remain the same.

 

For guests at HOTEL LUSH only. Meals and other extra packages are not included in the room price, but you may be able to add them to your reservation during the booking process or they may be available to you during your stay. You may pay for breakfast and selected extras at the same time as paying for your room. If you have breakfast and selected extras as part of your reservation and the rate of VAT changes between the date of your reservation and the date of your stay, we may adjust the rate of VAT, but the price you pay will remain the same. All other meals and extras must be paid for separately.

 

4. Occupancy

You must not exceed the maximum occupancy for the accommodation allocated to you. We reserve the right to conduct checks on occupancy. Occupancy is not transferable.

5. Special requests

Although THE GEM HOUSE will try to accommodate special requests, all rooms are subject to availability.

6. Meals – HOTEL LUSH ONLY

Food and drinks are not included in the room price. You may add breakfast, food, drinks, special packages, baskets (where available) when you make your reservation and during your stay.

 

7. Cancellation

Rooms may be cancelled within 48 hours of making a booking free of charge. If you cancel your reservation within this period, a full refund will be processed to the same debit/credit card the next working day, however it may take a few days for the funds to reach your account. After the free cancellation period and up to 14 days before arrival if a cancellation is made the deposit paid upon booking (50%) becomes fully non-refundable. If cancellation is made after this time, between 14 days and the day of arrival the full balance will be forfeited. Such cancellation charge is to compensate for the late cancellation and is not for any service, any refunds issued that are deemed valid will be at the sole discretion of the Owner.

 

If you decide to shorten your stay you must inform us by 12 noon UK time on the day you wish to check out. Otherwise, you will be charged a cancellation charge equivalent to one night’s total accommodation per unit booked and for any meals and other extras booked for the following day. Such cancellation charge is to compensate the hotel for the late cancellation and is not for any service.

Our right to cancel.

We may cancel your reservation at any time with immediate effect by giving you written notice (which includes email) if:
 

  • you do not pay us when you are required to do so; or

  • you break the contract between us in any way.

 

If we cancel your reservation where you are at fault, we reserve our legal rights in respect of your breach of contract. Where your stay had/has not yet commenced, the total payment made or to be made by you for such room shall be deemed a cancellation charge and is not for any service.

 

If you cancel your reservation when your stay had/has not yet commenced, we will not issue refunds based on or in the event of negative reviews if your stay was not completed and all efforts made to communicate and resolve any issues encountered. 

If under any circumstances we have agreed to a full refund upon cancellation of your reservation and the process has been set in motion, a bad review will be considered a breach of these terms and conditions and as such your refund will be revoked. 

 

THE GEM HOUSE reserves the right to cancel bookings within 7 days of the first day of the reservation where it is necessary due to reasons outside of the reasonable control or in the event of an overbooking due to delays or errors within the booking system. In the event of such cancellation the client will receive a full refund

 

Events outside our control
We may also cancel your reservation if an event outside of our control (including industrial action, explosion, outbreak of disease, H & S issues, fire, flooding, failure of power and/or water supplies or emergency evacuation) which means that we are unable to make your accommodation available. In this case we will contact you to let you know as soon as possible to discuss alternatives. Save as set out above, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by an event outside of our control. This does not affect your statutory rights.

Smoking Policy

Smoking outside the front of the hotel is permitted and our only smoking area.  Smoking in the hotel rooms and hotel areas is against the law and our terms and conditions of your stay.  A fine of £400.00 will be issued to the guest as a breach of this policy.

 

Process for making a complaint.

If THE GEM HOUSE are 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. 

 

Complaints must be made in writing within 7 days of the end of the stay to which your claim relates.

 

To make a claim you should raise your complaint with the team As soon as possible, they will advise you of the process. If you did not raise your complaint while at the accommodation or were unable to do so, you must contact us via our website. If your accommodation was booked as part of a group booking, the person who made the booking on behalf of the group must make the claim. You will need to provide details of the accommodation in which you stayed, the dates of your stay.

Any Refunds deemed appropriate will be made to the card you used when you paid for your accommodation and are usually processed within 7 days. You will be asked to confirm receipt of your refund.

 

8. Security Deposit

THE GEM HOUSE reserves the right to collect a refundable security deposit, secured against the lead guest’s payment card 24 hours before check-­in. This deposit, minus any housekeeping charges or hotel-­imposed fees such as damage or food and beverage services will be returned upon check-­out provided that there are no charges to your room. 

Please note: Deposits can take up to 10 working days to credit back to the account due to bank processing times.

 

Deposits per accommodation are as follows:

GEM HOUSE Guests - £150.00                              SLEEPING BUBBLE Guests - £150.00  

HOTEL LUSH Guests - £50.00.                              ENTIRE HOTEL Bookings - £500.00

 

9. Arrival and departure

Rooms are available from 3pm on the arrival date. Please let us know if you are likely to arrive after 8pm.

Rooms must be vacated by 10am on the day of departure. Failure to leave your accommodation by this time will result in a £30.00 per hour late check-out charge. We may request an additional payment for early check-in or later check-out. Information on the check-in and check-out procedure and access to the accommodation will be provided separately.

 

10. Self Check-in

We operate a self-check-in process wherein all guests will be asked to provide proof of identity upon booking. Acceptable forms of identification are a passport, driving licence, ID card or police warrant card.

 

11. Expectations of you (and your group)

You must not:

  • smoke anywhere inside THE GEM HOUSE/HOTEL LUSH  premises. This includes e-cigarettes. Permitted smoking areas will be identified on site. Smoking on premises outside of any designated smoking area will result in a fine.

  • cause any health and safety hazard to any of our team members or any of our guests.

  • bring any pets onto the premises, with the exception of assistance dogs.

  • bring any potentially dangerous or hazardous materials or equipment into the accommodation.

  • use any electrical appliances that may set off the fire alarm system, such as toasters, mini cookers or portable grills.

  • tamper with any fire alarms or emergency equipment.

  • Utilise accommodation to store items (personal or otherwise) which could in the sole opinion of THE GEM HOUSE cause damage to the accommodation or be a risk to the health and safety of staff or property.

  • Prevent THE GEM HOUSE management, housekeeping and/or maintenance staff from access to your room(s) as and when required, with housekeeping permitted full access at least once every two days.

  • Remove, damage or destroy any GEM HOUSE property.

  • Use any of the technology provided by THE GEM HOUSE to download or access any unlawful or obscene material; or cause unreasonable disturbance to our other guests or any staff.

  • THE GEM HOUSE offer properties with HOT TUB use. Guests can have hot tub facilities prepared if booked within 48 hours and has made a formal request. If no request is made, the hot tub will be self-service. This will mean the guest will have to remove water, fill water and maintain hot tub in during their stay.  HOT TUB information and rules will be provided and must be followed at all times.

 

If you or your group cause damage or loss of any kind to the accommodation, other guests or their property, you (as the person making the booking) will be responsible for that damage or loss and you shall be liable to pay to THE GEM HOUSE on demand the amount required to make good or remedy such damage or loss.

You and the members of your group must not resell or transfer your reservation (or any part of it) nor advertise, market or otherwise offer any accommodation for sale either on its own or as part of a combined offer. We will not honour any reservations made in this way.

 

If you or your group cause damage to the accommodation, other guests or their property, or otherwise breach any of these terms and conditions, we reserve the right to:

 

  • cancel your reservation with immediate effect and (if appropriate) eject you from the premises.

  • restrict access to the premises

  • remove your items from the accommodation, disposing of such items (at no cost and no liability) which are not collected from us within 7 days of removal.

  • retain all sums paid by you and/or charge you the full amount of your reservation; and/or

  • refuse future reservations from you and/or refuse you entry or accommodation at any of our hotels.

  • THE GEM HOUSE will not be liable for any refund or compensation in such circumstances.

 

THE GEM HOUSE reserves the right to decline or cancel reservations made and stays in progress by those who have previously breached these terms and conditions (as may be updated from time to time), whether the reservation is in that name or not.

 

12. General

We reserve the right to:

  • change your accommodation allocation at any point during your stay for any reason; or

  • cancel any booking(s) due to health and safety concerns at any of our accommodations. In the event we must cancel your booking(s) we will attempt to notify you and a full refund will be processed to the same debit/credit card, though it may take a few days for the funds to reach your account.

13.  COVID-19 Policy

COVID-19 (also referred to as Coronavirus): you must immediately notify us to the extent you or anyone staying with you (or on your reservation) is (i) self-isolating or (ii) should be self-isolating pursuant to Government guidelines. In any event, THE GEM HOUSE reserves the right to cancel any reservations (before or during the stay) to the extent it is for self-isolation.

 

*Please note, In the event of a national lockdown or further restrictions that will prevent you from staying with us, refunds will not be given, a booking voucher will automatically be issued to enable you to reschedule your stay at a date of your convenience, subject to availability. 

 

14. Your information

We keep your personal data safe and secure. Full details about how we use your data are set out in our Privacy Notice. Similar to other commercial websites, this website and the System utilises a standard technology called cookies and web server logs to collect information about how the website and/or the System is used and how to improve them. By providing information about you and your booking group (as outlined in the Privacy Notice) when making a reservation, you consent (on your behalf and on behalf of each member of your group) to such processing and you warrant that all information provided by you is accurate.

 

15. The Contract

This contract formed when we confirm your reservation is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

 

16. Your rights

If you are a non-business customer, you have certain rights under consumer protection legislation. Nothing in these terms and conditions is intended to affect those rights.

 

17. Our liability

We do not accept liability for failure to meet any of our obligations where such failure is due to events beyond our reasonable control.

 

If we breach these terms and conditions for reasons within our control, we shall only be liable for losses that are direct losses and a reasonably foreseeable consequence of such breach.

 

Save as prohibited by applicable law, we shall not be liable whether in contract, tort (including negligence) or for breach of statutory duty, or in any other way, for any indirect or consequential losses including:

  • loss of income, sales or revenue.

  • loss of business.

  • business interruption.

  • loss of profits or contracts.

  • loss of anticipated savings.

  • loss of data.

  • loss of reputation and/or goodwill; or

  • wasted management or office time.

 

Where we are liable to you (save as prohibited by applicable law) our maximum liability to you whether in contract, tort (including negligence) or for breach of statutory duty shall in no event exceed the price of your reservation unless the Hotel Proprietor's Act 1956 applies, in which case our liability will be limited to the maximum prescribed under that Act.

 

18. Severability

If any provision or provisions of these terms and conditions 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.

 

19. Waiver

The failure of any party at any time to require performance of any provision or to resort to any remedy provided under these terms and conditions 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.