Terms & Conditions

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.