Schedule D
(Destiny Code of Conduct)
Destiny Student Ltd.
Guest Terms and Conditions
These Terms and Conditions (Conditions) set out the basis on which Destiny
Student (as defined below) will provide accommodation and other products and
services at its Student Accommodations to Customers (as defined below) and
Guests (as defined below). By making a Booking (as defined below) the Customer
agrees to comply with these Conditions.
1. INTERPRETATION
In these Terms and Conditions, unless the context otherwise requires, the following
expressions have the following meanings:
“Arrival Date” means the date on which the Customer’s stay at the Student
Accommodation is due to commence, as per the Booking Details
“Booking” means the reservation by the Customer of accommodation and any other
products and services detailed in the Booking which is accepted by Destiny
Student
“Booking Details” means the details of the Booking including the number of Guests,
the number of rooms required, the duration of the Guests’ stay at the Student
Accommodation and any other products and/or services to be included in the
Booking
“Charges” means the charges payable by the Customer in connection with the
Booking
“Contract” means the contract between the Customer and Destiny Student in
relation to the Booking
“Customer” means person who makes the Booking
“Destiny Student” means Destiny Student Limited (registered company number
SC495587) or such other company in the same group of companies as Destiny
Student that operates the Student Accommodation
“Guests” means the Customer and any third parties they invite to the Student
Accommodation in connection with the Booking
“Student Accommodation” means the Student Accommodation owned or operated
by Destiny Student the location of which is specified in the Booking
2. BOOKINGS
2.1 Customers can request Bookings via Destiny Student’s website, by
contacting Destiny Student’s staff at the Student Accommodation or Head Office.
2.2 When requesting Bookings, Customers will be required to provide identification
information including, but not limited to, their name, address, contact telephone
number and email address.
2.3 No request for a Booking should be deemed to be accepted unless and until
Destiny Student and/or its official affiliate marketing partners confirms its
acceptance and provides a booking reference, at which point the Contract will
come into existence.
2.4 Subject to clause 4 Destiny Student will use its reasonable endeavours to
accommodate any request from the Customer to change the Booking Details but
any request to change the dates or length of stay or add products and/or services
will be subject to availability and the Customer paying for such increased length of
stay and/or products and/or services at Destiny Student’s standard rates from time
to time.
2.5 When booking beds in a shared apartments, Destiny Student will attempt to put
people on the same booking in the same apartment, however this can not be
guaranteed
3. FEES AND PAYMENT
3.1 The Charges will be as quoted by Destiny Student to the Customer upon the
Customer’s request for a Booking.
3.2 Unless otherwise agreed by Destiny Student, the Charges only cover the
provision of accommodation at the Student Accommodation and the Customer may
incur additional charges including, without limitation, charges for towels, room
service and toiletries.
3.3 Customers will be informed of the amount of the Additional Charges before they
are incurred.
3.4 Bookings will be subject to the Customer:
making payment of the Charges in full in advance or, at Destiny Student’s option,
paying a booking fee and/or deposit; and providing valid Debit or Credit Card
details via which payment of the Charges or the balance of the Charges (as the
case may be) and any Additional Charges can be taken at check in at the Student
Accommodation or at the time of booking.
3.5 If not prepaid in full at time of booking the balance of the Charges must be paid
by the Customer immediately on checking in at the Student Accommodation. Any
Additional Charges must be paid either as they are incurred or, at Destiny
Student’s option, upon the Customer checking out at the Student Accommodation.
3.6 The following payment methods are accepted by Destiny Student
3.6.1 Credit and Debit Cards, American Express, Visa and Mastercard
3.6.2 Credit or Debit Cards, if the Customer is paying in person at the
Student Accommodation.
4. CANCELLATIONS
4.1 Subject to clause 4.2, the Customer may cancel the Booking without charge if
notice is given to Destiny Student 7 days prior 15:00 hours (local time) on the
Arrival Date in which case Destiny Student will refund to the Customer all sums
paid by the Customer in advance, except for the booking or cancellation fee or
charge
4.2 Where the Customer has been offered a discounted rate on condition that the
Booking may not be cancelled then, provided the Customer has been informed of
such Condition, then the Booking may not be cancelled and the Charges applicable
to that Booking are payable in full.
4.3 Where the Customer fails to give sufficient notice of cancellation as per clause
4.1 or fails to arrive (no show) at the Student Accommodation, the Booking will be
deemed cancelled and the Customer must pay the Student Accommodation the full
amount of the Booking.
4.4 Destiny Student may at any time cancel a Booking if the Student
Accommodation becomes unavailable due to circumstances outside Destiny
Student’s control in which case Destiny Student will pay the Customer a full refund
of any Charges and any booking fee paid.
4.5 Destiny Student may at any time cancel the Booking if the payment details
provided by the Customer in accordance with clause 3.4.2 are invalid and the
Customer fails to provide alternative valid details.
5. CHECK IN AND CHECK OUT
5.1 Check-in time at the Student Accommodation booked is at 15:00 hrs. Check-in
prior to 15:00 hrs. may be available subject to prior arrangement with Destiny
Student and subject to the full range of services and facilities at the Student
Accommodation not being available until the standard check in time.
5.2 Check-out time at the Student Accommodation booked is 10:00 hrs. Later
check-out times may be possible by prior arrangement with an additional charge
and subject to availability. (In the absence of such prior arrangement, failure to
check-out by 15:00 hrs may result in the Customer being charged for an additional
night’s accommodation at the standard applicable rate
6. STUDENT ACCOMMODATION RULES
6.1 Valid photo identification in the form of a Driver License or Passport is required
at check-in.
6.2 Customers are required to conduct themselves and ensure that their Guests
conduct themselves in a reasonable and responsible manner at the Student
Accommodation and must not act in any way which may disturb other guests.
Failure to adhere to this requirement may result in Guests being asked to leave the
Student Accommodation in which event all Charges and Additional Charges shall
become immediately payable by the Guest.
6.3 Smoking is not permitted inside the Student Accommodation and only in the
designated smoking areas. Smoking fines are applicable and will be notified to the
customer on arrival.
6.4 The Customer will be responsible for any loss or damage caused at the Student
Accommodation by Guests or visitor of the Guest. The Guest may be liable for
Destiny Student’s reasonable cost of repairing, cleaning or replacing any property
of Destiny Student which is damaged, soiled or lost by a Guest.
6.5 No animals are allowed in the Student Accommodation with the exception of
guide dogs.
6.6 Destiny Student does not accept bookings made by those under the age of 18.
Under 18’s can stay when accompanied by an adult over 18 years.
7. FOOD AND DRINK
7.1 Unless otherwise agreed by Destiny Student, the Charges do not include any
food or drink.
8. DISABLED GUESTS
8.1 Destiny Student complies with all laws regulating the treatment of, and
provision for, disabled Guests.
8.2 Customers with any special requirements pertaining to a disability should
inform the management team at the Student Accommodation prior to the Arrival
Date.
9. DESTINY STUDENT’S LIABILITY
9.1 Nothing in these Conditions purports to limit or exclude the Destiny Student’s
liability for:
(a) death or personal injury caused by the negligence of Destiny Student its
employees, subcontractors or agents;
(b) fraud or fraudulent misrepresentation; or
(c) any other matter for which it would be illegal for the Student Accommodation to
limit or exclude its liability.
9.2 If Destiny Student breaches these Conditions or is negligent, it is responsible
for the loss of damage suffered by the Customer that is a foreseeable result of the
breach of negligence but are not responsible for any loss or damage that is not
foreseeable. Loss or damage is foreseeable if they were an obvious consequence
of Destiny Student’s breach of these Conditions or if they were contemplated by
Destiny Student and the Customer when they entered into the Contract.
9.3 The Customer agrees that Destiny Student is only supplying its facilities,
products and services to the Customer for private use and have no liability to the
Customer for any loss of profit, loss of business, business interruption or loss of
business opportunity.
10. GENERAL
10.1 The Customer’s rights as a consumer under consumer protection legislation
from time to time in force shall not be affected by these Conditions.
10.2 Destiny Student may transfer its rights and obligations under the Contract to
another organisation but will always inform the Customer if this happens and this
will not affect the Customer’s rights under the contract.
10.3 Destiny Student will not be liable to the Customer for any failure to perform or
delaying in performing its obligations where such failure or delay is due to an event
outside Destiny Student’s control (including without terrorism, limitation, extreme
adverse weather, industrial action or natural disaster). If such an event prevents
Destiny Student from fulfilling the Booking, either party may cancel the Contract.
10.4 Destiny Student may, from time to time, change these Conditions without
notice. However, the version of these Conditions in force at the time of the Booking
will continue to apply to the Contract. Customers are advised to check Destiny
Student’s website for the latest version of these Conditions before making a
Booking.
10.5 Destiny Student complies with its obligations under the Data Protection Act
1998 (the “Act”) in relation to data protection. Destiny Student will process personal
data (as defined in the Act) in relation to Customers and Guests solely for the
purpose of performing its obligations and exercising its rights in connection with the
Contract. Destiny Student will not provide any such personal data to any third
parties apart from third parties who provide services to Destiny Student such as the
provision of legal advice.
10.6 No failure by Destiny Student to enforce these Conditions shall constitute a
waiver of the right to subsequently enforce that provision or any other provision of
these Conditions. Such failure shall not be deemed to be a waiver of any preceding
or subsequent breach and shall not constitute a continuing waiver.
10.7 If any provision of these Conditions is held by any competent authority to be
invalid or unenforceable in whole or in part the validity of the other provisions of
these Conditions and the remainder of the provision in question shall not be
affected.
10.8 The Contract (including any non-contractual matters and obligations arising
therefrom or associated therewith) shall be governed by, and construed in
accordance with, the laws of Scotland and the court of Scotland will have
jurisdiction to deal with any disputes (including in relation to non-contractual
matters) arising in connection with it.
10.9 No person who is not a party to the Contract will have any rights in connection
with it.
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