1. General

These conditions set out the basis upon which Portland Brown Limited - company number 5452350, (“Portland”) accepts tenants to rent its apartments (“apartments”). Portland Brown Limited employs the services of Croft Living as their ‘Agent’ - References in these conditions to “we”, “our” or “us” are references to Portland Brown – References to the ‘Agent’ are references to Croft Living. References to “you” or “your” are references to you, your notified tenants and any other residents of the apartment during the duration of your tenancy.

These conditions set out the basis of your contract with us. By placing a booking with us you are accepting these conditions. All offers and tenancies are subject to availability.

These Terms and Conditions shall form the superior document in any dispute resolution.

2. Document check - to secure your property and complete your application we require the following within 24hrs:

1. Business Terms and Conditions. Sign by return via SignNow

2. Valid Identification. Scan and return a valid copy of your passport or driving license and visa if applicable to lettings@croftliving.co.uk

3. Proof of current home address. Scan by returning to lettings@croftliving.co.uk a utility bill or bank statement showing your current home address – the bill must be less than 3 months old.

4. Credit card details. Please call our accounts department quoting your surname to provide your credit card details. Tel: 0330 0240 103. This will be placed on our secure PCI compliant Reservation system.

5. Initial invoice. Showing as cleared funds in our account 24 hours maximum post signing booking form.

3. Confirmation

A contract will come into effect between you and us following your signing of this document. The contract is subject to the following conditions.

4. Term

The minimum duration of this agreement is as noted in the term end at the top of the form.

5. Rent

The rental amount shall be fixed for the duration of the original booking.

All rent must be confirmed per booking.

Your rental amount is inclusive of costs for gas (if applicable), electricity, water, heating, TV license, council tax

5.1 Deposit

A £1,000.00 damage deposit is payable along with your first month’s rent. This must be paid in line with your payment terms outlined in section 6.

Your damage deposit will be refunded to you once a full checkout inspection has been performed; this may take up to a maximum of 30 days. If damage to the apartment has occurred during your stay or furnishing consumables are missing, we reserve the right to deduct the cost to fix the damage or replace the furnishing consumables from your deposit.

6. Payment

Payment for your first month’s rent, deposit and inventory is due upon booking.

We invoice monthly, so if your booking is longer than a month, you will be invoiced for each subsequent month 20 days in advance of the following month. Payment must be received 14 days prior to the following month.

6.1 Late Payment

In the event the account becomes overdue, we reserve the right to charge interest at 8% APR above the

Bank of England base rate, plus a further admin fee of £100.00 (plus VAT). Interest is charged on the overdue amount and will accrue on a daily basis; this is in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

In addition, we reserve the right to advertise your apartment for let if your account becomes overdue.

6.2 Disputes

Should there be a dispute over a component of an invoice you will pay the undisputed amount within the above payment terms. For example, if you believe that you have been invoiced incorrectly for 21 nights instead of 20, you will pay for the 20 nights within the above payment terms. Failure to make payment for the undisputed amount will result in the above penalty charges becoming payable.

7. If YOU wish to cancel or extend your tenancy

If you wish to cancel your booking, you may terminate the agreement any time after the expiration of the minimum duration by serving 30 days’ notice in advance in writing. This must be received in writing to:

Croft Living

22 Stokes Croft

Bristol

BS1 3PR

United Kingdom

or by email to lettings@croftliving.co.uk. We will confirm receipt of the cancellation by return email.

If the event you have already paid beyond 30 days’ notice, we will either refund the outstanding amount along with your deposit, or credit your account, depending on your preference.

Tenancy extension: If you wish to extend your tenancy you must notify us at least 30 days prior to the end of your agreed rental period. Any extension to your tenancy is subject to availability and a rent review.

8. If WE cancel or change your tenancy

We do not expect to have to make any changes to your tenancy however, should your tenancy have to be changed or cancelled we will contact you (by e-mail and following up by telephone, where reasonably possible in the case of a significant change or cancellation) as soon as is reasonably practical, to explain what has happened and inform you of the cancellation or change.

If a significant change has to be made (and the change is not acceptable to you) or your tenancy has to be cancelled, we will, if possible and as soon as reasonably practical, offer you a suitable alternative apartment of similar type and standard in a similar location for the same dates. We also reserve the right to offer you a higher specification or larger apartment which may be at a higher weekly rent. You are under no obligation to accept this higher priced accommodation but if you do you may be asked to immediately top up your rent.

If you do not wish to accept a significant change and we cannot offer you a suitable alternative apartment, you will receive a full refund of all monies paid to us that are applicable to the period for which you are unable to occupy the property.

We will not be liable for any additional costs or charges you incur in arranging alternative accommodation.

You should tell us as soon as reasonably possible whether you wish to accept any change or alternative apartment offered. We will try to contact you by e-mail or telephone to gain a response and if you fail to confirm that you wish to accept any change or alternative apartment within 24 hours of our informing you of the same, we are entitled to assume you wish to cancel your tenancy.

8.1 Breach of Terms

If at any time we become aware of antisocial behaviour or damage on the part of you or anyone in the apartment during your stay, we may cancel the tenancy immediately and you will be required to vacate the apartment.

No refund of any monies you have paid in respect of your tenancy will be made and we will not have any liability to you as a result of this situation arising (including, for example, any costs or expenses you incur due to not being able to occupy the apartment, such as you incurring the cost of securing alternative accommodation).

In this situation, we are not under any obligation to find any alternative accommodation for you.

9. Tenants

Only persons notified to us, by you, prior to your arrival date and listed on these Terms and Conditions mayoccupy the apartment. The number of persons permitted to occupy the apartment is shown on page one of this document. You must not allow this limit to be exceeded, neither can you change the composition of the occupants during your stay without our permission in writing.

If we suspect the apartment is being occupied by more people than listed on page one of this document, we may cancel the tenancy immediately and you will be required to vacate the apartment, under these circumstances you will not be eligible for a refund.

You may not re-let/sublet the apartment to any other third party, nor may you permit any other person to stay in the apartment or to give keys/access information to any other person without our express permission in writing.

You, and anyone who occupies the apartment with you, further agrees not to use the apartment for any commercial purpose, including without limitation, assigning or subletting it or otherwise allowing anyone to occupy it who has not previously been accepted in writing by us.

10. Checking in and checking out

We will contact you prior to your arrival so that we may allocate you a time to be met by one of our representatives. If you are delayed or cannot attend at your allocated time for whatever reason you must notify us by telephone.

Failure to notify us of any deviations to your arrival time may result in you incurring a charge.

Upon arrival you will be presented with an inventory and schedule of condition (prepared by an independent inventory clerk) for your apartment which you have 48 hours to review and advise of any issues.

This will stand as your check in report which will be used as a reference to check the inventory and condition of your apartment during and after your tenancy.

At the end of your stay, the departure time is 10am on the morning of the departure date. If there is any delay in vacating the apartment beyond the agreed time, a full day's rental may be charged to you for each additional day’s (or part thereof) occupation.

You are required to leave the property in the same clean and tidy condition as per your arrival, if you would like us to arrange a clean on your behalf you must inform us one week prior to check out.

The cost of the clean will be deducted from your deposit.

We are entitled at our sole and absolute discretion to refuse to hand over to you, or to take immediate possession of, the apartment if we reasonably believe that any damage is likely to be caused, has been caused or is being caused by you or any tenants of the apartment. No refund of any monies you have paid in respect of your tenancy will be made. You will still be liable for any monies due on the apartment and we will have no liability to you as a result of this situation arising (including, for example, any costs or expenses you incur due to you not being able to occupy the apartment, such as you incurring the cost of securing alternative accommodation). In this situation, we are not under any obligation to find any alternative accommodation for you.

11. Facilities and services

The apartment is furnished to a high standard and includes a kitchen equipped with appliances, cutlery, crockery and kitchen utensils, as well as bedding and pillows.

Unless otherwise specified, the prices quoted include heating, electricity, gas (if any), water, council taxes, television license and internet usage.

We are not responsible for any failure or interruption of services to the apartment, beyond our control, including but not limited to electricity and water or any damage, disruption or noise.

The Tenant will be responsible for reasonable use of the utility services provided. The Tenant will switch off lights, electrical and heating appliances when not in use. Meter readings will be taken at regular intervals.

12. Pets

No pets, other than registered guide and hearing dogs belonging to those with visual and hearing impairments, and previously arranged to occupy the apartment with us the landlord, are allowed in any of the apartments under any circumstances, Unless previously agreed, and subject to our pet policies where applicable at pet-friendly properties only.

If we believe any animals are/have been present at the apartment we will charge a minimum deep clean fee of £500+VAT and reserve the right to charge any damages.

13. Smoking and Vaping

We operate a NO SMOKING / NO VAPING POLICY.

Smoking/Vaping is not permitted in the apartments or in any other area of the apartment buildings.

If, in our reasonable opinion, smoking/vaping has occurred in the apartment during your stay we will charge you a minimum fee of £300 + VAT for additional cleaning of the apartment. This fee is applicable in each instance for which we think smoking/vaping has occurred in the apartment. It is at our ultimate and sole discretion as to whether smoking/vaping has occurred in the apartment.

In addition, you will be liable for any charges incurred by us if we have to out-book incoming guests whilst the apartment is being de-odorised. Any such charge would be limited to 2 days at a minimum of £60 per day.

14. Damage

You and anyone who occupies the apartment with you agree both to keep the apartment and the complete inventory thereof clean and tidy and to leave the apartment in a similar condition as you found it upon your arrival.

You and anyone who occupies the apartment with you further agree not to use the apartment for any commercial purpose, including but not limited to assigning or subletting it or otherwise allowing anyone to occupy it who has not previously been accepted in writing by us.

Except in the case of normal wear and tear, you are responsible for any damage to the apartment or its contents, suffered during your tenancy which has occurred due to the negligence, wilful default or irresponsible behaviour on the part of you, those occupying the apartment or your guests.

Any damage must be reported to us, without delay.

No items may be removed from the apartment. If any items are removed or damaged, beyond fair wear and tear, we will replace them and pass any charges to you. You will be liable for the cost of remedying any issues plus 20% administration costs.

All/any damages or other references to the condition of the property and its contents are subject to allowances for fair wear and tear, with reference to the check in and check out reports.

15. Data Protection

For the purposes of the General Data Protection Regulation, Regulation (EU) 2016/679 (GDPR), we may be

either a Controller or Processor of personal data provided to us by customers and prospective customers.

Any processing of Personal Data shall be done pursuant to our privacy notice found here:

https://www.portlandbrown.com/...

and our Data Processing Agreement found here:

https://www.portlandbrown.com/...

16. Rights of access

You must allow us and any representative of ours (including workmen) access to the apartment at any reasonable time during your tenancy (except in cases of emergency or where a problem needs remedying quickly and you cannot be contacted in time - in these situations we are entitled to enter the apartment at any time without giving you prior notice).

We will of course try to give at least 24hrs notice to you and will attempt to comply with any time requests you have of us. In any case where reasonable notice has not been given, or cannot be given, any such entry into your apartment will be supervised by a member of our staff.

Portland Brown are entitled to carry out inspections of the apartment every 30 days and will schedule at least one inspection during the course of your stay.

17. Security of tenure

The apartments are exempt from security of tenure legislation. You acknowledge that you have the right to occupy the apartment for the purposes of a holiday or other short term stay and that you are not using it as a dwelling house.

You have no security of tenure over any apartment rented by Portland Brown Ltd.

18. Information

We aim to ensure that the information provided by us is accurately conveyed in the website/brochure and other

promotional literature or material produced and circulated by our Agent. However, the information and prices in this website/brochure/other material may have changed by the time you come to confirm your tenancy.

Whilst every effort is made to ensure the accuracy of the website/brochure/other material and prices at the time of printing, changes and errors occasionally occur. You must therefore ensure you check all details of your chosen apartment and arrangements with us at the time of signing your terms and conditions.

There may be small differences between the actual apartment and its description, as we are always seeking to improve services and facilities. Occasionally, problems mean that some facilities or services become unavailable or subject to restriction. If this happens, we will tell you as soon as reasonably practical after we become aware of the situation.

We cannot accept responsibility for any changes or closures to area amenities or attractions mentioned in the website/brochure or advertised elsewhere.

We make reasonable efforts to ensure that information supplied to you in relation to the apartment or its facilities and/or services is accurate and complete as at the date given. We cannot accept responsibility for any inaccurate, incomplete or misleading information about any property or its facilities and/or services, except in the case of our negligence. We will, however, use our reasonable endeavours to notify you of any changes to or inaccuracies in any information contained in the website/brochure or otherwise provided to you as soon as reasonably practical after we become aware of the change or inaccuracy.

19. Circumstance beyond our control

Except where otherwise expressly stated in these conditions, we will not be liable for any changes, cancellations, effects on your tenancy, loss or damage suffered by you or for any failure by us to perform or properly perform any of our obligations to you which is due to any event(s) or circumstance(s) beyond our reasonable control except where caused by our negligence.

By way of example, such events or circumstances include fire, flood, exceptional weather conditions, epidemics, industrial action, destruction, or damage of the property by any cause (other than our negligence) cancelation of head leases, changes of statutory licences and all similar situations.

In some instances, for example if your tenancy has to be cancelled before departure, we may reimburse some of the amount of monies paid to us by you. No compensation, expenses, costs or other sums of any description (including without limitation the cost of securing alternative accommodation) will be payable by us in such circumstances.

20. Liability

Nothing in these conditions shall affect your statutory rights.

We will have no liability for any death or personal injury unless it results from our negligence, that of our employees (providing they were at the time acting in the course of their employment) or our Agents.

You must take all necessary steps to safeguard your personal property. No liability is accepted by us in respect of damage to, or loss of, such personal property except where the damage or loss is caused by our negligence, that of any of our employees (providing they were at the time acting in the course of their employment) or our Agents.

In no circumstances shall we be liable to you, in contract, tort (including without limitation negligence) and/or breach of statutory duty, or otherwise, for any losses, costs, claims, damages or expenses including without limitation loss of profits, revenue or income (whether actual or potential), loss of business (whether actual or potential) or for any indirect or consequential (including economic) loss of any kind.

Our total liability to you, howsoever arising, as a result of or in connection with your booking shall be limited to the total amount paid by you, to us, for such booking.

21. Complaints

Every effort has been made to ensure that your apartment meets your expectations. If, however, if you have any cause for complaint, we are anxious that remedial action is taken as soon as possible. ‘

It is essential that you contact us immediately if any problem arises so that it can be speedily resolved.

Discussion of any criticisms with us whilst you are in residence will usually enable shortcomings to be rectified straightaway. In particular, complaints of a transient nature (for example, regarding heating of the property) cannot possibly be investigated unless registered whilst you are in residence.

If you remain unhappy with our response, then you must, within 30 days of the end of your stay, put your complaint in writing to us by recorded delivery.

Our complaints procedure is as follows:

Email your complaint to lettings@croftliving.co.uk

You will receive a response within one working week.

22. Law, Jurisdiction and General

These conditions and all matters arising in relation to your tenancy shall be interpreted, construed and enforced in all respects in accordance with English law and you and we each irrevocably agree to submit to the exclusive jurisdiction of the English Courts over any matter or claim arising from or in connection therewith. The place of performance shall be England.

If any provision of these conditions is held to be unlawful, void or unenforceable then that provision shall be deemed deleted and its deletion shall not affect the validity and enforceability of the remaining provisions.

Your tenancy is personal to you, and you may not assign or transfer it in whole or in part. You may however substitute occupants by giving us notice and receiving our approval in writing.

This tenancy and the documents referred to in it sets out the entire agreement between Portland and you and supersedes any previous agreements between us relating to the subject matter of these terms. By letting through us you are acknowledging that you have not relied on any representation, warranty, agreement or statement which is not set out in these conditions and that you will not have any right or remedy arising out of any such representation, warranty, agreement or statement.

23. Property Management Service Level Agreement

If there is a maintenance problem with your apartment, we want to know about it. Please contact us in the following ways.

Monday to Friday between the hours of 9am and 6pm by the following methods:

T: 0330 0240 102

E: lettings@croftliving.co.uk

In the event of an out of hours’ emergency such as fire or flood please call the telephone number provided above. Please note, however, that issues that are not considered an emergency will not be addressed until the following working day.

In Event of Fire: The apartment is fitted with a smoke alarm which must not be tampered with. In the event of a fire, you should only attempt to fight the fire if it is safe to do so. If unable to extinguish the fire safely, then you should raise the alarm by dialling 999 and asking for the fire services. Do not attempt to use the lift in the event of a fire. Once you are in a safe position and the fire services have been called, please telephone our offices on the number above.

Keys: If you lose your keys or are otherwise locked out of your apartment, with no immediate means of access, please call us and we will attend the apartment to let you in.

You are not entitled to make any amendments to the locks yourself, any attempt to do so would be in breach of your contract.

Please note;

• During the hours of 9am and 6pm - we will attend to let you into the apartment as soon as we can, a call out fee of £100+vat is applicable. Should the loss of keys result in a lock change this will be charged to you at cost along with the cutting of replacement keys. Please note this can be up to and in excess of £350.00.

• Outside of business hours - will result in a 24-hour locksmith call out where the locks to the apartment will be changed. The replacement of the lock and cutting of all keys will be charged to you at cost

• Cleaning: Unless otherwise specified, the prices quoted do not include a weekly clean of the apartment.

You are required to keep the apartment clean and tidy during the duration of your stay. Should we become aware that the apartment is not being kept in a clean and tidy fashion we reserve the right to arrange for the apartment to be cleaned as soon as possible, you will be liable for the full charge of this clean which could cost up to £350.00.

Inspection: Your apartment will be subject to regular and or a mid-term inspection – you do not need to be present and will be provided with 24hrs prior notice.

24. Your Agreement

I agree that I and any other resident or visitor to the apartment in the duration of my tenancy will be bound by the above terms and conditions.

TENANT(S)

Name(s):

Signature(s):

Date: