ACCOMMODATION LICENCE AGREEMENT TERMS AND CONDITIONS
THIS LICENCE AGREEMENT is made between Education Travel Leisure Ltd. (shall be hereinafter referred to as GoBritanya) having it registered office in 4/4a Bloomsbury Square London, WC1A 2RP as Licensor and “Student, You” as a Licensee.
This is a legally binding agreement and grants you a personal right to occupy accommodation under a licence agreement. You have no legal interest in the accommodation and this agreement does not create a tenancy agreement and is excluded from the security of tenure regimes of the Housing Acts 1985 and 1988. Please take the time to read, understand and accept the terms and conditions of this agreement.
Booking Fee: a fee to pay for booking services.
Booking Form: the form filled to reserve and book a room in control of Licensor.
Building: Means the building or buildings mentioned in the Booking Forms and where the Room and the Common Parts are situated;
Common Parts: the shared kitchen, living room, bathroom and also such roads, paths, entrance halls, corridors, lifts, staircases, landing and other means of access in or upon the Building the use of which is necessary for obtaining access to and egress from the Property as designated from time to time by the Licensor.
Flat: means the flat mentioned in the Booking form which the Room forms part of.
Licence: refers to these Terms and Conditions
Licence Agreement: refers to the agreement between parties where applicable.
Licensee: the student, you.
Licensor: Education Travel Leisure Ltd. (shall be hereinafter referred to as GoBritanya) having it registered office in 31 Southampton Row, London, WC1B 5HJ.
Licence Fee: a fee to pay to stay during the booking period.
Property: The Accommodation, Common Parts, building, garden areas and other surrounding areas
Payment Due Dates: Either: Full Academic Year – licence • If paying in full, on or before the 6 weeks prior of the Licence Period; or • If paying in 3 instalments at the start of each Period, the first instalment is due 6 weeks prior to arrival. Or: Short-Term Courses or Stays • Paying in full, 6 weeks prior to start of the licence period.
Start Date: the date on which the Licensee starts to reside in the property.
Period of Residence: The period during which the Licensee is permitted to occupy the Accommodation as set out in Booking form and Rental Details above.
2.1 This Licence Agreement shall grant the Licensee a licence to occupy the Accommodation (“Licence”) for the Period of Residence. It is not intended to create a relationship of landlord and tenant between the parties. This means that Licensee has a personal right to occupy the Room during the Period of Residence but does not have exclusive possession of the Room. This means that Licensor has the right to:
(i) Enter Licensee’s Room at any time and for any reason; and
(ii) Require Licensee to move to an alternative room if required
Where Licensor exercises these rights, Licensor will do so in accordance with this Licence Agreement.
2.2 Licensee agrees to allow access (whether or not you are present) to the Accommodation to the Licensor authorised employees, agents and representatives and the statutory law enforcement agencies and emergency services on giving not less than 48 hours notice (save in the case of emergencies where no notice shall be required) for any lawful and reasonable purpose including inspection, maintenance, repair, or security.
2.3 Licensor reserved for itself and all those authorised by Licensor the following rights over the Room:
2.3.2 the right to the free passage and running of water, soil, gas, electricity and other services through any pipes, cables, wires, drains or sewers passing in or through the Room and the Flat Common Parts;
2.3.3 the right to alter or restrict the use of the Building Common Areas and the Flat Common Parts from time to time;
2.3.4. the right to enter the room for any necessary purpose, including inspections, viewings with prospective tenants, repairs and alterations;
2.3.5 keeps possession, control and management of the Property and the Licensee has no right to exclude the Licensor from the Property.
2.4 The Licensee acknowledges that; the purpose of this agreement is to provide residential accommodation to the Licensee throughout the length of undertaking a full-time or part-time course of study at an academic institution recognised by the Licensor.
3.1. Licensee must pay the Licence Fee to Licensor on each of the Payment Due Dates and in the manner specified in the above principal terms and details, Booking Form and Invoice without any deduction or set-off and whether demanded or not. It is Licensee’s
responsibility to make sure that payments are made on time and to the correct amount. Licensor is not required to send reminders about payment due dates or issue invoices.
3.2 The licensee must pay the £60 Booking Fee and make the £200 Deposit payment within 48 hours of sending the booking form and entering into this Licence.
3.3 If the Licensee fails to pay the Licence Fee or any other payments due under this licence within three (3) days of the due date, Licensee will pay to the Licensor interest on the Licence Fee or other payments at the rate of three (3) per cent per annum above the base rate of Barclays from time to time calculated on a daily basis from the due date until payment (whether formally demanded or not). Interest will be charged on a daily basis and shall be compounded monthly.
3.4 If payment of the rent or any other amount due from Licensee under this Accommodation Licence Agreement is late (without prejudice to any other right Licensor have) Licensor reserves the right to:
3.4.1 Refer Licensee account to a debt collection agency and charge Licensee all reasonable and proper costs and expenses (including legal costs) and any VAT thereon incurred by Licensor in order to recover outstanding rent or other amount unpaid by Licensee;
3.4.2 Remove any promotional discounts relating to your Accommodation Licence Agreement;
3.5 Licensee agrees;
3.5.1 to provide the Licensor with reasonable evidence of identity and evidence that Licensee is undertaking a full-time or part-time course of study at an academic institution, including a certified copy of the Licensee’s passport and a certified copy of a letter from the academic institution confirming the course of study that
the Licensee is undertaking; and to update this information promptly if requested to do so by the Licensor,
3.5.2 to keep the Room and the Flat Common Parts in at least as good repair and decorative order and clean condition as they are in at the Start Date,
3.5.3 to promptly notify Licensor of any damage or defect in the Room and/or the Flat and/or the Contents and/or the Building,
3.5.4 not to make any alteration or addition whatsoever to the Property,
3.5.5 not remove any of the Contents from the Room or Flat and not to cause or permit to be caused any damage to the Room, Flat, Property, Building or any neighbouring property.
3.6 Licensee agrees to comply with all statutes and other laws and regulations in relation to Licensee use of the Room and the Flat.
3.7 Licensee will not use the Property other than for the permitted use stipulated in this agreement.
3.8 Licensee also will not use the Room, the Flat or the Property for any improper, immoral or illegal purpose nor in any way which may, in Licensor reasonable opinion, be a nuisance, damage or annoyance to the other Licensees of the Property, or neighbours, or any other person. In particular, Licensee will not;
3.8.1 smoke in the Property (including E-cigarettes),
3.8.2 cause any noise which, if made within the Room, can be heard outside the Room or, if made within the Flat Common Areas can be heard outside the Flat Common Areas,
3.8.3 keep or use drugs or psychoactive substances, the possession or use of which is prohibited by law (including but not limited to the Misuse of Drugs Act 1971 or the Psychoactive Substances Act 2016),
3.8.4 keep or use any firearms, knives (other than kitchen knives), or any other weapons,
3.8.5 harass, threaten or assault any other Licensees, their guests, Licensor’s employees or any other person,
3.8.6 tamper with Licensor fire prevention systems and control equipment (including not maliciously, recklessly or negligently activating such fire prevention systems),
3.8.7 use designated fire escapes except for the purposes of emergency escape,
3.8.8 keep, store or use any gas or oil heater or other fuel burning appliance in the Property, including candles and any other flame lit device,
3.8.9 keep any animal, bird, insect or reptile and
3.8.10 erect any external wireless or television aerial or satellite dish at the Property or hang clothes or fabrics out of the windows or doors of the Property.
3.9 Licensee will also make sure that any Licensee’s guests have to the Property comply with the provisions of this Clause 3 and Licensee will be responsible for the conduct of guests.
3.10 Licensee will comply in full of the Property’s Residence Contract.
3.11 Licensee will not do anything on or in relation to the Property that would or might cause the Licensor to be in breach of the covenants and the conditions contained in the Licensor’s Licence with the Residence or (if applicable) with the Licensor’s lease of the Property and/or Building.
4.1 The Licensor may any time on giving not less than 48-hour notice to require the Licensee to transfer to reasonably comparable alternative space elsewhere within London, in accordance with clause 2.1 herein.
4.2 The Licensee may request at any time during the term of this Licence a transfer to reasonably comparable alternative space elsewhere within London. The Licensor may in its absolute discretion accept or reject such a request. In the event that the Licensee’s request is accepted, an additional Booking Fee shall be payable, and any offer of alternative space shall be conditional upon the Licensee undertaking;
4.2.1 to pay to the Licensor the full amount of any difference in the Licence Fee payable without any deduction within 7 days of requesting the change Property,
4.2.2 to comply Property’s Residence Contract,
4.2.3 to pay an additional Booking Fee and Cleaning Fee without any deduction within 7 days of requesting the change Property,
4.2.4 to reaffirm the Licensee’s undertakings as set out in clause 3 herein prior to the move.
5.1 The Accommodation Licence Agreement is personal to Licensee and cannot be assigned, transferred or sub-let. Licensee is not entitled to allow anyone else to live in the Accommodation. For the avoidance of doubt, this also means that Licensee may not allow the room to be sub-let during any period.
6.1 By no later than 10.00 am on the last day of the Period of Residence (however and whenever it ends) Licensee agrees to;
6.1.1 return the Room and Flat Common Parts, the Contents and the key and/or fob to the Room to Licensor or Licensor authorised employees, agents and representatives in the same condition as recorded on the Inventory,
6.1.2 remove all personal possessions from the Room and Building. If any of Licensee’s personal possessions are left at the Room and/or Building, Licensee will be responsible for meeting all reasonable removal and storage charges. Licensee who leave personal items in the room and Licensor reserve the right to deduct a penalty fee from their £ 200 deposit.
6.1.3 make sure that any refuse/rubbish is disposed of in the external bins provided for the purpose.
6.2 The deposit of £ 200 is refunded within 14 days after checking out. An inspection by the residence takes place and if the room is not like it was, in the beginning, includes in case the student smoked in the room or left personal items Licensor reserves the right to deduct a penalty fee from the deposit or even the entire amount.
6.3 The Licensor does not take any responsibility for belongings to the Licensee left inside the room after check out.
7.1. Licensor will process personal information in accordance with the applicable Data Protection Legislation including the current General Data Protection Regulation (GDPR) and Data Protection Act 2018 as replaced and updated from time to time. Licensor will not disclose personal information obtained from Licensee; except as permitted by the following clauses of this Agreement, or where there is a serious risk of harm to Licensee or to others, or other people’s property, or for the purpose of the detection or prevention of crime.
7.2 The Licensee authorizes the release from time to time to Licensor of any and all personal or professional data that is necessary or desirable for this agreement (the “Relevant Information”). Without limiting the above, the Licensee permits Licensor to collect, process, register and transfer all Relevant Information.
7.3 The Licensee hereby authorizes the Relevant Information to be transferred to any jurisdiction that Licensor considers appropriate. Relevant Information will only be used in accordance with applicable law.
7.4 Licensor may share Licensee’s personal data (including sensitive personal data under Data Protection Act 2018) with the owner of the Accommodation (if not Licensor) and our/the owner’s contractors appointed in connection with this Agreement or the Accommodation.
8.1 Any formal notice or other official document which the Licensee sends to the Licensor will only be validly served if send it to the below registered office address:
Education Travel Leisure Ltd.
31 Southampton Row,
London, WC1B 5HJ
8.2 Any notice or other communication given to the Licensor under or in connection with this Agreement shall be in writing to the Licensor’s nominated address or to such other address as specified to the Licensee in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or email.
8.3 A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 1; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax or email, one Business Day after transmission.
9.1 In case of a visa refusal which became known more than (2) weeks prior to arrival by notice to Licensor, only Booking fee £60 and Deposit £200 will be charged. If the notice is made within two (2) weeks prior to arrival, two (2) weeks accommodation, Booking fee £60 and deposit £200 will be charged. The Licensee shall provide evidence for the visa refusal letter*.
9.2. In case of cancellation for personal reasons up to four (4) weeks prior to arrival noticed to Licensor, only Booking fee £60 and deposit £200 will be charged and any penalty fee does not apply*. After 4 weeks prior to arrival and after check-in, refund is not possible*.
9.3 The Licensor may cancel this Licence on notice in writing to the Licensee prior to the Start Date. In such case, all fees previously paid under this Licence shall be repaid to the Licensee.
10.1. The Licensee shall not terminate this Agreement before the end of the Period of Residence set out in above principal details and Booking Form.
10.2 If Licensee vacates the Accommodation before the end of that period, Licensee will forfeit the deposit and will still be liable to pay the Licence fee, Cleaning and Bedding Fee and Other Services.
10.3 Without affecting any other right or remedy available to it, Licensor may terminate this Agreement with immediate effect by giving written notice to the Licensee if:
10.3.1 The Licensee fails to pay any amount due under this agreement.
10.3.2 The Licensee commits a material breach of any other term of this Agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 14 days after being notified in writing to do so;
10.3.3 The Licensee (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his or her own affairs or becomes a patient under any mental health legislation.
10.3.4 Licensor is unable to find similar alternative accommodation (despite reasonable efforts) and are unable to either provide the Accommodation as a result of events beyond control or Licensee’s Accommodation has been severely damaged and, acting reasonably, deemed it unfit for occupation or, Licensee has not enrolled onto a course of study at the University/school/college by a date stipulated in the booking form or is no longer pursuing a course of study; or any information supplied by Licensee, or on its behalf, in connection with Licensee’s application to Licensor for a place in the Accommodation is untrue, inaccurate or misleading, misrepresentation and considered (acting reasonably) by the Licensor that the relevant information makes Licensee unsuitable to live in the Accommodation.
10.4 Termination of this Agreement shall not affect any rights, remedies, obligations or liabilities of the Adviser that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement that existed at or before the date of termination.
11.1 Liability for loss or damage Subject to the provisions of the Occupiers Liability Act 1957 and the Defective Premises Act 1972, we shall not in any circumstances incur any liability in respect of loss or damage to any person or property or otherwise, unless the loss or damage was caused by Licensor’s negligence.
12.1 These Terms and Conditions (including any documents referred to) constitute the entire agreement between you and us and supersede all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
12.2 Both we and you acknowledge that in entering into these Terms and Conditions, neither you nor we have relied on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.
13.1 If you breach the Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.
14.1 If any provision (or part of a provision) of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable.
14.2 Any modification to or deletion of a provision (or part of a provision) under this clause shall not affect the legality, validity and enforceability of the rest of these Terms and Conditions.
15.1 The Agreement shall in all respects be governed by the laws of England and the English Courts will have exclusive jurisdiction to resolve any disputes arising out of it.
16.1 Each of the parties hereby acknowledges that they have been advised to seek independent legal advice with respect hereto prior to signing this Agreement.