Terms and Conditions

1. Introduction

1.1. These terms and conditions apply to all reservations of serviced apartments made with Cheval Collection Limited, whether through our Website or via telephone, email or mobile app.

1.2. Please read these terms and conditions carefully. In particular, your attention is drawn to the Exclusions and Limitations of Liability set out in clause 8 below. By making a reservation with us you agree that you accept these terms and conditions.

1.3. Where there is any inconsistency between these and any other terms and conditions previously applicable to the reservation of serviced apartments on the Website, these terms and conditions for the reservation of temporary accommodation shall take priority.

2. Definitions

2.1. References to “us” “we” and “our” means (as appropriate):

2.1.1. APML Estate Limited (registered in England with company number 03291397) and having its registered office at 114A Cromwell Road, London SW7 4ES), trading as:
(a) Cheval Three Quays;
(b) Cheval Thorney Court;
(c) Cheval Gloucester Park;
(d) Cheval Knightsbridge;
(e) Cheval Hyde Park Gate;
(f) Cheval Phoenix House;
(g) Cheval Calico House;
(h) Cheval Harrington Court

2.1.2. St Andrew Square (Property) Limited (registered in Scotland with company number SC480645 and having its registered office at 12 Hope Street Edinburgh EH2 4DB), trading as Cheval The Edinburgh Grand;

2.1.3. Lateral City Limited (registered in Scotland with company number SC452878 and having its registered office at 12 Hope Street Edinburgh EH2 4DB) and Urbanite Investments Limited (registered in Scotland with company number SC452886) and having its registered office at 12 Hope Street Edinburgh EH2 4DB), trading as Cheval Old Town Chambers;

2.1.4. Lateral City Limited trading as Abbey Strand Apartments at Holyrood, in each case as operated by Cheval Collection Limited (registered in England with company number 11618588 and having its registered office at 114A Cromwell Road, London SW7 4ES);

2.1.5. Lexham International Limited (registered in England with company number 10866116 and having its registered office at One Fleet Place, London, EC4M 7WS), trading as Lexham Gardens by Cheval Maison

2.1.6. Cheval Maison The Palm Hotel Apartments L.L.C (registered in Dubai with the license number 1118255), trading as Cheval Maison – The Palm Dubai

2.2. References to “you” means the person who has made a reservation for accommodation with us, or the persons and/or legal entity on behalf of whom the reservation is made.

2.3. “Accommodation” means the serviced apartment(s) provided for your use under your reservation

2.4. “Website” means www.chevalcollection.com

3. Contract terms

3.1. By placing a reservation with us, you confirm that you accept that these terms and conditions will apply to you and to anyone else who will be resident at the Accommodation under your reservation.

3.2. If you are placing a reservation in the name of a partnership, company or other legal entity, you confirm that you have the right and authority to place the reservation and to accept these terms and conditions on behalf of such partnership, company or other legal entity.

3.3. It is your responsibility to ensure that all details you provide us with when placing a reservation are complete and accurate. We do not accept liability for any incomplete and/or inaccurate information provided to us.

4. Reservations

4.1. Reservations may be made via the Website, by telephone (+44 (0)20 7341 7052), by WhatsApp (+44 (0)7702 551932) or by email sent to reservations@chevalcollection.com.

4.2. All reservations are subject to these terms and conditions and will not be binding upon us until you have received confirmation from us by email and you have made payment in accordance with Clause 5.

4.3. Reservations are subject to the availability of the requested accommodation. If the requested accommodation is unavailable, we will send you an email stating that your reservation has not been made and we will endeavour to offer you alternative accommodation.

4.4. We reserve the right to reject any reservation at any time and, if we do so, you will be notified. Please note we do not accept bookings from stag and/or hen parties.

4.5. No Children under the age of 18 will be allowed to check-in to the Accommodation unaccompanied. We reserve the right to refuse entry on this basis.

5. Payment

5.1. You must pay in full when placing a reservation, unless otherwise indicated by us during the reservation process. Late payments may result in your reservation being suspended or cancelled.

5.2. Payment for locations in the United Kingdom should be made in Pounds Sterling by credit or debit card. Payment for Cheval Maison – The Palm Dubai, should be made in United Arab Emirates Dirhams by credit or debit card. We accept the following cards: Visa, Mastercard, American Express.

5.3. Any credit or debit card used to place a reservation must belong to you or be used by you with the consent of the owner and there must be sufficient funds or credit available to cover the cost of the reservation. We reserve the right to obtain validation of any credit or debit card details or verification of the authenticity and ownership before accepting any reservation.

5.4. Credit card fees are not refundable.

6. Security Deposit

All reservations for less than 90 nights will be subject to the following security deposit terms:

• For stays of 1-6 nights: Upon check-in, we will request a pre-authorisation on a credit card of £60/AED 270 per night up to a maximum of £360/AED 1,620. At this stage, no money is taken from your account; your credit card company will simply hold this amount against your credit limit. Assuming there are no other charges, once you check out, the credit amount will be released, usually within a few days, however this can take longer depending on your provider.
• For stays of 7 or more nights: Upon check-in we will debit your credit card for a sum of £420/AED 1,890. Assuming there are no other charges to cover at the time of your departure, this amount will be refunded in full to your account. Please be aware this refund may take up to five working days for processing and is dependent on your banking provider. The reason we debit a sum of money rather than use the credit card pre-authorisation function is that most providers do not permit a pre-authorisation hold for longer than seven days. If you were staying with us for a period of four weeks, for example, we would have to renew this pre-authorised amount repeatedly. This has the potential for multiple holds on your card at any one time, which is a situation we wish to avoid.

Valid credit/debit card details must be supplied at the time of booking and/or check-in and the relevant deposit sum will be taken and held on a pre-authorisation basis or debited from your account. At or following check-out, should the guest incur any incidental and/or dilapidation charges (including breakages, damages, additional cleaning and/or further accommodation charges) (“Additional Charges”) these will be deducted from the security deposit. A written statement of any such Additional Charges will be provided by email within 7 working days. The balance of the security deposit will be refunded following check out. Should the Additional Charges exceed the sum of the relevant security deposit taken, we reserve the right to make an additional charge to the guest’s credit/debit card. In the event that payment under the debit/credit card is declined or no card details are provided, we reserve the right to invoice you directly for any Additional Charges.

7. Cancellation

7.1. If the terms and conditions applicable to the rate you have booked allow for cancellation, you may cancel your reservation prior to the arrival date by written notice sent to Cheval Collection Limited, 114a Cromwell Road, London SW7 4ES or by email to: reservations@chevalcollection.com, in each case with your reservation reference number and subject to any cancellation charges.

7.2. For reservations where payment is due on arrival, the following notice and cancellation charges shall apply:
• Notice of cancellation received before 2pm on the day of arrival – no charge.
• Notice of cancellation received after 2pm on the day of arrival – reservation charged in full.

7.3. If you wish to check out of your Accommodation prior to your confirmed departure date you must notify us. We shall be entitled, at our sole discretion, to treat the early departure as a cancellation.

7.4. In the event that we are unable to provide you with the Accommodation detailed in your reservation confirmation, we will endeavour to offer you alternative accommodation of similar standards at no additional charge.

7.5. Due to circumstances outside of our control or errors in information supplied, there may be occasions where reservations need to be changed or cancelled. We reserve the right to change or cancel a reservation and will promptly notify you of any such change or cancellation. We will endeavour to offer you alternative accommodation of a similar standard at no additional charge or will provide you with a full refund.

7.6. Promotional and Package Rates are subject to the Cancellation Terms as outlined during the booking process.

8. Amendments
You may request amendments to your reservation by sending a written request to reservations@chevalcollection.com. We have no obligation to agree to any requested amendment. An amendment will be accepted when you receive confirmation of the amendment by email. Amendments to your reservation may be subject to further charges and additional payments which will be notified to you prior to final confirmation of an amendment to your reservation.

9. Exclusions and limitations of liability

9.1. Nothing in these terms and conditions shall exclude or restrict our liability for death or personal injury resulting from negligence or for fraudulent misrepresentation or in any other circumstances where liability may not be so limited under any applicable law.

9.2. Subject to clause 9.1, we shall not be liable, whether in contract, tort, negligence, breach of statutory duty or otherwise for loss of data, profit, revenue, use, business, anticipated savings, goodwill, reputation or opportunity, financial or other economic loss or any indirect or consequential loss or damage, costs or expenses whatever or however arising out of or in connection with:

9.2.1. the provision of Accommodation; or

9.2.2. any non-availability or use of this Website or any reliance on its contents.

9.3. Subject to clauses 9.1 and 9.2, our total liability, whether in contract, tort, negligence, breach of statutory duty or otherwise, for any loss or damage, costs or expenses arising directly in connection with:

9.3.1. the provision of Accommodation; or

9.3.2. any non-availability or use of this Website or any reliance on its contents,
shall not exceed an amount equal to the fees paid to us in respect of your reservation.

9.4. If the limitation on our liability set out in clause 9.3 is adjudged to be unreasonable in the circumstances, the limit of our liability shall be increased to the amount that we can recover from our insurer for the loss in question.

10. Statutory Rights
Nothing in these terms and conditions shall affect your statutory rights if you are reserving accommodation as a consumer (e.g. if you are not reserving accommodation on behalf of a business or its employees).

11. Privacy and Data Protection

11.1. Introduction
Cheval Collection Limited is committed to keeping the information you provide to us in a secure manner. This Privacy and Data Protection Policy (“Privacy Policy”) is intended to inform you on how we gather, store and utilise your information. This Privacy Policy has been developed in accordance with the requirements of the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (“UK GDPR”) and the Data Protection Act 2018 and is effective as of [4th May 2018]. This policy may change from time to time, and we will advise you of any material changes by email where we hold your email address.

This policy may change from time to time, and we will advise you of any material changes by email where we hold your email address.

11.2. Ways in which we collect your data
There are a number of ways that Cheval Collection collects data:
• When you use our Website or mobile app on any device to make a booking, enquiry or request;
• When you contact our central reservations office by phone, email or WhatsApp to make a booking, enquiry or request;
• When you subscribe to our mailing list via our website;
• When you engage with us on our social media channels;
• When you sign up to participate in a competition we operate;
• When you complete the standard registration form during the check-in process;
• When you log on to access the free WiFi at any of our Residences;
• When you choose to engage with surveys about your experience at our Residences either during or after your stay;
• When you visit any of our Residences and your image is recorded by our CCTV system.

11.3. How we use your data for your booking
The data you share with us will be used to facilitate your booking and to ensure you have the best possible experience during your stay with us.
When you make a reservation with Cheval Collection, we record your contact details, as well as any information you choose to share with us, such as personal preferences and requests about how you would like us to prepare for your arrival. This includes details relating to health matters, such as requirements for wheelchair access, or particular food allergies. We also record names and ages of children, where provided by you, for the purpose of preparing welcome packs that are age appropriate.

This information also enables us to contact you after you check-out (in case you’ve forgotten something for example), to request any payments due to us that have not been previously settled, and to recognise you as a repeat guest if you stay with us in future.

This information is stored on our central reservations system for a period of six years, or longer if you stay with us again within that timeframe.

11.4. Your privacy on our Website
Please refer to our Website terms and conditions for the full privacy policy as it relates to use of our Website.

11.5. How we use your data for marketing
If you choose to opt in to our marketing database, we will contact you via email or via push notifications (within our App) with news, updates and special offers we believe will be of interest to you. We will only add you to our marketing database with your express consent.
You can automatically unsubscribe from our mailing list at any time by clicking on the ‘unsubscribe’ link found at the bottom of every email we send. You can also turn off App notifications in the settings area of your mobile device, or simply delete the App.

11.6. Staying at a Cheval Residence or Cheval Maison

11.6.1. Checking-in: When you check-in to a Cheval Residence or Cheval Maison, we will request a copy of the credit card which was used to make the reservation, and will also request a matching valid ID. Acceptable forms of identification are: a passport or national ID card. For UK and Irish citizens staying in the United Kingdom, a driving licence or police warrant card is acceptable. We are required by UK law to store the following information for a period of at least one year for each guest over the age of 16 staying with us: full name, nationality, passport number and date of issue.

11.6.2. A credit card pre-authorisation will also be taken upon check-in for any incidentals charges incurred during your stay. The information above may be requested for each member of your party over the age of 16, and we reserve the right to refuse entry to persons who cannot provide the information as set out above.

11.6.3. CCTV on site: We operate a closed circuit television camera (CCTV) system in the communal spaces within our Residences, and in our car parks. We do this for reasons of security and for our legitimate interests as a business operating 24 hours a day, 365 days a year.

11.7. Our commitment to your privacy

11.7.1. Keeping your data secure
The information you have provided to us will solely be used for the purposes outlined above, will be stored securely, and will never be shared with third parties unless this is required in order to perform a service you have requested (for example, access to our free Wi-Fi in each Residence). At no time will your information be shared with any third party for their own marketing purposes.

11.7.2. Your rights
You may at any time request details of your personal information we have on file by sending an email to Data.Controller@chevalgroup.com. You can also contact us by calling +44(0)20 7341 7052.
You also have the right to request that your data be deleted from our systems using the same contact details listed above.
Before acting on such a request we will take reasonable steps to verify your identity to prevent anyone from requesting action that you have not authorised.

12. Notices

12.1. If we need to contact you or to serve written notice on you in connection with this agreement we may do so by sending an email to you at the email address provided on booking, or, during your stay, we may leave a written notice for you at the accommodation.

12.2. If you need to contact us or to serve written notice on us in connection with this agreement you may do so by sending an email to reservations@chevalcollection.com or by letter to Cheval Collection, 114A Cromwell Road, London SW7 4ES.

13. General

13.1. The failure or delay by you or us to exercise or enforce any right or remedy under these terms and conditions shall not operate as a waiver of that right or remedy.

13.2. We will not be deemed to be in breach of these terms and conditions or held liable to you for any delay in performance or failure to perform any of our obligations to you to the extent that such delay or non-performance is due to any cause beyond our reasonable control.

13.3. We may assign or sub-contract any or all of our rights and obligations under these terms and conditions without the prior written consent from you at any time.

13.4. No person who is not a party to the contract between us and you shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term or condition of it.

13.5. These terms and conditions together with the Terms of Occupation (below), the general Website Terms and Conditions, any payment method instructions or any reservation acknowledgement (the “Contract Documents”), constitute the entire agreement between us and you with respect to access to and use of this Website, the reservation of Accommodation and your use of the Accommodation. You confirm and acknowledge that you have not been induced to place any reservation by any representation, warranty, or undertaking made by us or any other person and you waive any rights that you may have to damages or rescission for misrepresentation (other than fraudulent misrepresentation) that are not expressly incorporated in the Contract Documents.

13.6. If any provision or term of these terms and conditions shall become or be declared unlawful, invalid or unenforceable, in whole or in part, for any reason whatsoever, such provision or term or such part of it shall to that extent be severed from the remaining terms and conditions and deemed to be deleted from them as far as possible without modifying or affecting the legality, validity or enforceability of the remaining terms and conditions, which will remain in full force and effect.

13.7. These terms and conditions and the subject matter of these terms and conditions shall be governed by and construed in accordance with English law and any dispute arising out of these terms and conditions and the subject matter of these terms and conditions shall be subject to the exclusive jurisdiction of the English Courts.

1. Introduction
1.1. The following terms and conditions relate to your occupation of the accommodation booked by you or any alternative accommodation we provide. These terms must be complied with by you and all other members of your party (or if you are booking the accommodation on behalf of a business, the staff of that business that you allow to occupy the accommodation). You accept responsibility for the actions of anyone that you allow into the accommodation or the building. Any obligation not to do something includes an obligation not to allow someone else to do so.

1.2. For the safety of fellow guests and Cheval team members we ask that you familiarise yourself with the advice of the United Kingdom government on the Coronavirus (Covid-19) outbreak as set out at www.gov.uk/coronavirus or the United Arab Emirates’ Government Portal https://u.ae/ and amended from time to time. If you or any of your party or anyone that you authorise to occupy the Accommodation behave in a manner that we reasonably believe would put other guests and/or members of our staff at risk, we reserve the right to terminate your occupation of the Accommodation in accordance with the conditions set out in clause 9 below.

1.3. If you are booking the Accommodation on behalf of a business, you must inform us of the identity of all persons that will be staying in the Accommodation and of any changes.

1.4. In the interests of security and to prevent fraud, guests will be asked to present the credit or debit card used to make their booking upon check-in. Guests may also be asked to provide proof of identity and to complete a registration form with their identity card / passport details. Acceptable forms of identification are: a passport, driving licence, national ID card or police warrant card. The information above may be requested for each member of your party over the age of 16, and we reserve the right to refuse entry to persons who cannot provide the information set out above.

1.5. Individuals under 18 years of age are not permitted to stay in a Cheval Residence or Cheval Maison unless a parent or legal guardian is also staying at the Accommodation.

2. Your use of the accommodation

2.1. You agree to use the Accommodation for private residential use only and in a reasonable manner. In particular, you agree not to:

2.1.1. allow the Accommodation to be occupied by more than the number of persons confirmed at the time of booking or as otherwise agreed by us in writing;

2.1.2. cause any damage or deterioration to the Accommodation or its fixtures, fittings, appliances, furniture and other contents provided by us or its decoration except through reasonable wear and tear;

2.1.3. operate any form of business from the Accommodation or use it for any illegal or immoral purpose;

2.1.4. do anything illegal at the accommodation or the building;

2.1.5. do anything which may be or become a nuisance or annoyance to us or the other occupiers of the building or neighbouring properties, which shall include (without limitation) not causing any noise at a level which causes a disturbance to other persons in the building or neighbouring properties, particularly between the hours of 11pm and 7am in line with the Noise Act 1996 (England) and the Antisocial Behaviour etc. (Scotland) Act 2004;

2.1.6. allow the Accommodation to be occupied by any non-resident guests between the hours of 11pm and 7am;

2.1.7 smoke cigarettes, cigars, cigarillos, pipes and electronic cigarettes inside the Accommodation and the guest and all members of the guest’s party undertake not to smoke inside the Accommodation. Should smoking take place in breach of this provision, a cleaning fee of £500/AED 2,250 will be charged immediately to the guests’ nominated credit card. The use of waterpipes (shisha), or any device that involves the burning of wood, coal or charcoal to heat tobacco or incense for any purpose is expressly forbidden in any part of the Accommodation, including on balconies, on terraces and in gardens.

2.1.8 use waterpipes (shisha), or any device that involves the burning of wood, coal or charcoal to heat tobacco or incense for any purpose. This is expressly forbidden in any part of your accommodation, including on balconies, on terraces and in gardens.

2.1.9 hold us responsible for any form of personal injury, loss, damage, or death caused by the usage of the pool or gym (except that nothing affects our liability for death or personal injury caused by our gross negligence or wilful misconduct or any other liability which may not be excluded or limited by law).

2.1.10 hang items of clothing or bedding to dry on railings or drying racks provided. This is to preserve the external appearance of the building and applies to any balcony, terrace or garden that forms part of your accommodation.

2.2. You must comply with all written notices, instructions and house rules contained in the Cheval App, in the handbook located in the accommodation or otherwise displayed there.

3. Inventory of contents and condition

3.1. We agree to provide the Accommodation and its contents clean and in good repair and condition. If you have booked to stay in the Accommodation for more than 28 nights, our representative will prepare before your arrival an inventory of the furniture, fixtures and contents of the Accommodation and its state and condition. You must sign this inventory upon your arrival at the Accommodation and if you have not signed and returned the inventory to us before you take occupation of the Accommodation it shall be deemed to be agreed.

3.2. When staying for more than 28 nights, at the end of your stay, our representative will attend the Accommodation to check the inventory against the furniture, fixtures and contents of the Accommodation and its state and condition. You must be present to meet with our representative and agree the inventory. If you are not present, we will check and complete the inventory in your absence and it will be deemed to be agreed and be final and binding on you. If once you have vacated the Accommodation we discover any damage or loss which you have not reported to us, we will assume the damage or loss was caused by you.

3.3. When vacating the Accommodation, you must leave the Accommodation, its fixtures, fittings, appliances, furniture and other contents provided by us in the same condition as it was at the beginning of your stay, subject to fair wear and tear. Where the accommodation or any item is not left in the condition required, you must pay us any costs which we incur in cleaning, repair or replacement.

4. Our services

4.1. We will provide a regular housekeeping service (frequency varies by property and length of stay) and the change of laundry of household linen ( frequency varies by property and length of stay). The housekeeping service is restricted to general cleaning, making beds and cleaning of floor areas. It does not include personal maid service.

4.2. The charges for your use of the Accommodation specified at the time of booking are inclusive of the following utilities and taxes: electricity, gas, water, heating, Wi-Fi and rates. The charges will also include any additional services selected by you at the time of booking. However, you must pay the charges for telephone calls and for any other services or amenities which you use or request during your stay upon presentation of the account.

5. Behaviour to our staff and guests
We have a zero tolerance policy of behaviour that is abusive, threatening, violent or inappropriate (including bullying and harassment) towards our staff, our contractors or other guests. If you or any of your party or anyone that you authorise to occupy the Accommodation behaves in this manner, we may terminate your right to occupy the Accommodation immediately and we may report the matter to the police.

6. Access to the Accommodation

6.1. We and our contractors may require access to the Accommodation from time to time for any reasonable purpose. If we do require access, we will endeavour to cause as little disruption as possible. We will aim to give you reasonable notice and, wherever possible, to seek access only during normal working hours, however this may not always be possible.

6.2 No child or children under the age of 18 will be allowed to check-in unaccompanied; Cheval Collection reserves the right to refuse entry on this basis.

7. Pets
7.1. Household pets weighing no more than 40kg (88lbs) are welcome to stay in the Accommodation for the duration of your stay. We require a minimum of 48 hours’ notice prior to your arrival to allow the on property teams to make the necessary arrangements.

7.2. There is an expectation of good behaviour for any pet staying with us, particularly when it comes to noise, and we reserve the right to ask you to leave if we receive noise complaints from other residents and no action is taken to remedy the situation.

7.3. Pets are permitted in any of the residence communal gardens, where available, however these spaces are not to be used for toilet breaks, particularly as the acid in pet urine damages the plants and grassy areas. Solid waste must be placed inside a biodegradable bag and disposed of in the nearest public bin (trash can).

7.4. Pets must not be left on their own for extended periods

7.5.  A fee will be charged to cover the costs of a deep clean of the apartment following your departure. Stays of six nights or fewer will incur a one-time fee of £50/AED 150. Stays of seven or more nights will incur a one-time fee of £150/AED 500.

7.6. We cannot accept any of the four dog breeds currently banned in the UK: Pit Bull Terriers, Japanese Tosa, Dogo Argentino and Fila Brasileiro. When staying at Cheval Maison – The Palm, Dubai, please consult the full list of prohibited dog breeds published on the website of the United Arab Emirates Ministry of Climate Change & Environment.

8. Insurance
Our insurance policy does not cover the personal belongings of you or any other person. You are urged to take out insurance policies to cover your belongings and other risks incurred as a result of your occupation of the Accommodation. We and our agents will not be responsible for any loss or damage howsoever caused.

9. Vacation of the accommodation

9.1. You must vacate the Accommodation by 11:00 a.m. on the day of departure. Any monies paid to and accepted by us or our agent in respect of occupation after this date will be accepted as mesne profits and will not grant a right of occupation or prejudice any of our rights under this agreement.

9.2. When vacating the Accommodation, you must remove all persons, possessions and rubbish from the accommodation and the building and return all keys.

9.3 Left Property, as well as any deliveries received following your departure, with a deemed value in excess of £25/AED 115, will be kept on-site for a period of three months, after which time if it has not been claimed will be given to Charity or recycled. The Company are happy to arrange for the return of lost property. The Charge for this service is £20/AED 90 (inclusive of VAT) administration charge, plus the cost of postage and packaging. A variety of delivery options are available depending on the value of the item(s) and the required delivery date. Please note this policy does not apply to perishable items such as food and drinks which will be disposed of immediately following guest departure.

10. Termination

10.1. We may terminate your right to occupy the accommodation at any time with immediate effect if you fail to comply with any term of this agreement. If we do so, you may be required to vacate the accommodation immediately. You must still comply with your obligations in this agreement.

10.2. Termination of this agreement shall be without prejudice to our rights in respect of any previous breach of your obligations under this agreement.

11. Nature of occupancy

11.1. You agree that your occupation of the Accommodation will at all times be as a licensee and that this agreement does not give you an exclusive right to occupy any specific accommodation. No relationship of landlord and tenant nor any tenancy is created by this agreement or any other agreement or by virtue of your occupation of the Accommodation. The Accommodation is to be used as temporary or holiday accommodation only and not as your principal home or residence. You acknowledge that we retain the right to control, possession and management of the Accommodation and that you have no right to exclude us from the Accommodation.

11.2. Your licence to occupy the accommodation is personal to you and is not assignable. You must not allow anyone who is not a member of your party (or if you are booking on behalf of a business, the staff of that business) to occupy the accommodation.

CAR PARKING AGREEMENT

1. Definitions

In this agreement the following words have the following meanings:

“Car Park Regulations” means the regulations applicable to each Cheval Car Park (as amended from time to time), a current copy of which is set out at Appendix 1.

“Car Parking Registration Card” means the registration card provided by Cheval to the Licensee for the purposes of this agreement.

“Cheval” means Cheval Collection Limited (company number 11618588), having its registered office at 114a Cromwell Road, London SW7 4ES, United Kingdom.

“Cheval Car Park” means each car park operated by Cheval from time to time, a current list of which is set out at Appendix 2.

“Designated Parking Space” means the car parking space(s) within the relevant Cheval Car Park confirmed by Cheval in the Car Parking Registration Card, as the same may be substituted from time to time at the discretion of Cheval.

“End Date” means the end date for parking specified by Cheval in the Car Parking Registration Card.

“Licensee” means each person(s), firm or company who has been provided with a Car Parking Registration Card for the purposes of this Agreement.

“Licence Fee” means the licence fee payable by the Licensee in consideration for the rights granted by this Agreement, as such sum is confirmed by Cheval in the Car Parking Registration Card.

“Owner” means the legal owner(s) of each Cheval Car Park from time to time, a current list of whom is set out at Appendix 2.

“Start Date” means the commencement date for parking confirmed by Cheval in the Car Parking Registration Card.

2. Grant

 2.1   The Licensee acknowledges that Cheval acts on behalf of the Owner as agent in relation to this Agreement and the rights and obligations of the Owner may be exercised and enforced by Cheval on the Owner’s behalf.

2.2   The Owner agrees that the Licensee may use the Designated Parking Space for parking private motor vehicles only, for the period commencing on the Start Date and expiring on the End Date, subject to payment of the Licence Fee (which shall be payable monthly in advance from the Start Date) and the other terms of this Agreement.

3. Obligations of the Licensee

The Licensee agrees with the Owner:

3.1   to pay the Licence Fee by the due date.

3.2   not to use the Designated Parking Space or any part of it except for the parking of a private motor vehicle nor to allow anyone else to do so.

3.3   to comply with the Car Park Regulations.

3.4   that this Licence is personal to the Licensee and cannot be transferred.

3.5   to vacate the Designated Parking Space when this licence expires or is cancelled.

3.6   to confirm to Cheval the registration number of the vehicle from time to time using the Designated Parking Space.

3.7   to use the security entrance system at the Cheval Car Park in a proper manner at all times and not to cause any deliberate damage thereto and to cooperate with the Owner if any jockey or valet parking system is in use at any time.

4. Obligations of the Owner

Subject to the Licensee complying with the terms of this Agreement, the Owner shall

4.1   permit the Licensee to use the Designated Parking Space in accordance with this Agreement.

4.2   take reasonable steps to prevent anyone else using the Designated Parking Space.

4.3   keep the Designated Parking Space suitably surfaced and marked for vehicle parking.

5. Miscellaneous

5.1   If the Licensee fails to comply with any of the terms of this Agreement, the Owner may cancel it at any time by barring the Licensee entry to the Cheval Car Park.

5.2   The ending or cancellation of this Agreement does not cancel any outstanding obligation of the Licensee to the Owner, but the Owner will have no liability to compensate the Licensee for any resulting loss.

5.3   The Owner is not responsible for any loss from or damage to any vehicle on the Property.

5.4   Any sum payable under this Agreement is inclusive of Value Added Tax.

5.5   In the event any vehicle or chattel of any kind is left in the Cheval Car Park after the end of this Agreement (howsoever occurring), the same may be removed and stored by the Owner at the Licensee’s expense and unless claimed within twenty-eight days the Owner shall have the right to dispose of the same without further notice.

5.6   This Agreement shall be governed by and construed in accordance with English law and any dispute arising in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts.

APPENDIX 1

Car Park Regulations

(For the purpose of these regulations the expression “Licensee” shall include any servant or agent of, or other person authorised by, the Licensee.)

1. The Licensee shall not park any vehicle in the Cheval Car Park except within the Designated Parking Space.

2. The Licensee shall not permit animals or children to be left unattended in any vehicles parked in the Cheval Car Park.

3. The Licensee shall not run the engine of any private vehicle whilst the same is in the Cheval Car Park except so far as may be necessary for entering or leaving the Cheval Car Park nor do or permit to be done on or in the Cheval Car Park any act or thing which may cause a nuisance or discomfort or annoyance to the Owner or any other user or Licensee of a car space in the Cheval Car Park.

4. The Licensee shall not take into or keep on or in the Cheval Car Park any harmful, dangerous or inflammable object or thing or any motor fuel or lubricating oil (apart from such as is within the tank of the vehicle to be parked or is being used within the engine and other parts for the smooth running of the same).

5. The Licensee shall not cause damage to the Designated Parking Space and/or the Cheval Car Park and shall take all reasonable and proper precautions against fire occurring on or in the Cheval Car Park and shall indemnify the Owner against all damage to the Cheval Car Park or the property of any person for the time being therein arising out of or occasioned in the course of the Licensee’s use of the Cheval Car Park and/or the Designated Parking Space.

6. Should the Licensee cause damage to another vehicle parked in the Cheval Car Park, the Licensee shall report the matter immediately to Cheval together with confirmation of the registration numbers of the Licensee’s vehicle and the damaged vehicle.

7. The Licensee shall use its best endeavours to prevent the leakage of oil or grease from the said vehicle on to the floor of the Cheval Car Park and shall not repair or service or allow to be repaired or serviced the said vehicle in the Cheval Car Park.

8. The Licensee shall not do or suffer to be done in the Cheval Car Park or in the access thereto anything whereby any policy of insurance relating thereto may become void or voidable or whereby the rate of premium for such insurances would be increased.

9. The Licensee shall not park or permit to be parked in the Designated Parking Space any vehicle other than a vehicle owned hired or rented by the Licensee.

10. The Licensee shall not hold the Owner liable for the entry of unauthorised persons into the Cheval Car Park or any loss damage of injury occasioned by such or any other person arising from any cause other than the negligence of the Owner or that of any servant or agent of the Owner to the intent (but without prejudice to the generality of the foregoing) that the Licensee or any permitted person shall park the said vehicle and shall obtain access to and egress from the Property entirely at its or their own risk and that the Owner shall be in no way liable for loss damage or injury as aforesaid to any persons or vehicles or other chattels.
11. The Licensee shall observe the speed limit of five miles per hour within the Cheval Car Park and shall not obstruct or cause an obstruction in the Cheval Car Park or the access thereto.

12. To return all keys plastic cards entry permits or otherwise to the Owner on the actual day of expiry or cancellation of this Agreement.

13. To comply with such other reasonable regulations with regards to the use of the Cheval Car Park as the Owner in its sole discretion may make from time to time.

APPENDIX 2

Cheval Car Parks and Owners