Guest Terms & Conditions
08/05/2024
- Comfy Workers Limited is incorporated and registered in England and Wales with Company Number 13044402, whose registered office and trading address is at Bedford Heights, Brickhill Drive, Bedford, MK41 7PH (We, Us or Our). Our VAT number is GB395262961 and We operate the website www.comfyworkers.com (the Website). To contact Us, telephone our customer service team on 0330 2231412 or email Us at hello@comfyworkers.com.
- You, the Customer (as set out in Your booking), wish to make a booking with an accommodation provider introduced by Us (Host) for the provision of short term accommodation for the contractor workforce. In making this booking for You, We are acting as a disclosed agent on behalf of the Host.
- When making a booking with Us, We are responsible for the services we provide under this Agreement, but not the accommodation itself, which is provided by the Host. Your booking is directly between You and the Host and We are not a party to it. Your booking may be subject to additional Host Conditions of Stay. In some instances the services which make up Your booking are provided by independent suppliers where those suppliers, including Hosts, may provide services in accordance with their own terms and conditions.
- These terms and conditions (Terms) apply to all bookings made with a Host using Our Website and made by Our employees by any other means (together, Your booking and these Terms, constitute the Agreement). These Terms shall apply to all bookings made by You operating as a trader. We require all bookings to be made from corporate email addresses or, where personal email addresses are used, we require you to advise us prior to booking should you be acting as a consumer. If You are making a booking as a consumer please contact Us for any additional terms which may apply. Please read these Terms carefully. By booking with Us, You agree to be bound by the Agreement.
- These Terms apply to the exclusion of any other terms that You may seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
- The Agreement is the entire agreement between You and Us in relation to its subject matter. You acknowledge that You have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Agreement.
- To make a booking, You may need to create an account with Us, providing information, contact details and bank details. The individual making the booking on Your behalf must be over 18 and authorised to make the booking on the basis of these Terms on behalf of the Customer and all guests under the booking. We shall undertake appropriate Customer and guest identity verification checks and credit checks from time to time, using a third party provider which, at the Commencement Date (as defined in clause 8 below). Such third party provider will require You to enter into additional terms which are available at the following link:- https://superhog.com/guest-agreement/.
- After You make an enquiry with Us, You will receive an email from Us acknowledging that We have received it and providing a booking reference, but please note that this does not mean that Your booking has been accepted. Acceptance of Your booking takes place when We, on the Host’s behalf, send an email to You with a link to Our Website where You accept the booking, at which point and on which date (Commencement Date) the Agreement between You and the Host will come into existence. Once the Host has accepted and you have accepted, We will confirm Your booking by email. The Booking Confirmation shall be sent to You to the email address which You enter/provided at the time of Your enquiry. Please check all spam filtering to ensure that Our Booking Confirmation reaches You. For the avoidance of doubt, whether or not a booking is accepted is entirely at the Host’s discretion.
- Please check Your Booking Confirmation carefully as soon as you receive it. Contact Us immediately if any information on the Booking Confirmation appears to be incorrect or incomplete as it may not be possible to make changes later.
- When making Your booking, You agree to pay the price of the accommodation, including any service fees, taxes, bank charges, transaction fees, conversion fees and exchange rates that may apply, together with a security deposit required by Us as set out in clause 14 below. For bookings of 28 days or less, full payment (including the security deposit) shall be made to Us on or before the date set out in Our payment schedule or invoice and, in any event prior to check-in. For stays of over 28 days, payment schedules are available subject to appropriate credit checks, which payments are due 7 days prior to the commencement of each payment period.
- Where payment is not made in full in cleared funds by the dates set out herein or in Our payment schedule or invoice (as applicable) then Your Host may cancel Your booking without notice. You may not be permitted by the Host to use the booked accommodation and check-in information will not be released to you. You shall also be liable for any cancellation fee, reduced refund or additional charges like no-show fees in line with the accommodation’s cancellation policy as set out in clause 17.
- If You fail to make a payment due to Us under this Agreement by the due date, then, without limiting Our remedies under this Agreement, You shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgement. Interest under this clause will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%. You shall, in addition, pay to Us any fees, costs or expenses of collection We may reasonably incur in respect of any overdue sums.
- You will receive an invoice from Us, issued on behalf of the Host, for all payments due. Payments shall be made by bank transfer unless We otherwise agree. In instances where card payments are required a 2% handling charge may be applied where it is permissible for Us to do so. We use a third party payment processor to process all payments under this Agreement.
- As the person making the booking, You, the Customer, are responsible for the actions and behaviour of all guests. Where We require payment of a company security deposit We will take such deposit from You as provided by this clause. We may also (at our sole option) take out advanced protection (being damage protection insurance covering damage over and above the amount of any security deposit). Advanced protection is subject to You satisfactorily completing our ID verification processes. If you are making a booking for the first time, we will require a £500.00 security deposit as a minimum, with the option of requesting more at our sole discretion which will be added to your first issued invoice. For existing clients for whom we do not hold at least £500.00 as a security deposit, we will require an additional payment so that the security deposit is at least £500.00, which will be added to the next issued invoice. In both cases, we will hold the deposit until 48 hours after the agreed check out date and time, or longer if there is report of loss or damage to the accommodation in accordance with clause 15. For the avoidance of doubt, You shall be liable to the Host for any and all loss or damage of whatever nature (whether accidental, malicious or otherwise) caused by You or Your guests whether up to or over the amount of the security deposit or advanced protection save that we shall not be able to recover twice for the same damage from You and the security deposit and any advanced protection taken out.
- Our Hosts are required to report any loss or damage to the accommodation caused by You and/or Your guests within 48 hours of the agreed check out date. Where any such loss or damage is notified to Us as being caused by You or Your Guests, We will verify such loss or damage with the Host. In order to recompense the Host for all such loss or damage incurred and our costs and expenses in dealing with the same, all verified loss and damage, costs and expenses, will be invoiced to You, unless otherwise covered by any advanced protection (where available) over and above the amount of any security deposit. You shall pay such invoice within 7 days of the date of the invoice. Where You fail to do so, without prejudice to Our other rights and remedies against You, We will deduct the amount of such loss or damage, costs and expenses from any security deposit still held on check out. Note that advanced protection is only available (where taken out) once per booking.
- If You and/or Your guests are victims of criminal offences including (but not limited to) theft, damage to your property or your vehicle being broken into, You must report this to the Police and obtain a crime reference number. Without a crime reference number, we cannot guarantee a successful claim to recover your losses on any advanced protection that may be in place.
- The cancellation policy You receive and accept as part of the booking shall be in force immediately on Booking Confirmation and operate between You and the Host. If You or any of Your guests cancel a booking or do not use or occupy the accommodation, any cancellation fee and any refund will depend on the Host’s cancellation policy. All cancellations will need to be requested by You via our Website (www.comfyworkers.com and any other domain name used by Us for the promotion of Our business, including any mobile application or alternative owned listing formats made available by Us). No other cancellation requests shall be accepted by Us. Once We receive a cancellation request from You, We will email relevant details of the cancellation to You such as any cancellation fees due. The cancellation will only be effective once You confirm acceptance of this email. You shall be liable for any additional payments in the event of any cancellation or no-show in accordance with the Host’s cancellation policy. In the event a refund is due to You, we will endeavour to process such refund within 7 days from the date of cancellation.
- Where any act or event beyond Your or the Host’s reasonable control arises (which may include war or threat of war, riot, civil strife, terrorist activity or actual threatened terrorist activity, pandemic or epidemic, government control or other action, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside) that affects Your booking or the performance of Your or the Host’s obligations (as applicable) the Host Conditions of Stay shall take precedence over anything in this Agreement.
- We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from the provision, booking of, travel to and from, or stay in the Host’s accommodation made in Your booking.
- Please note, We cannot accept responsibility for any services which do not form part of Our Agreement with You. Your Host is responsible for the accommodation under Your booking with the Host and for any additional services or facilities which any Host agrees to provide for You. Whilst We endeavour to ensure that all accommodation, services and facilities booked by You shall be as described, We shall not be liable to You where they are not.
- Nothing in the Agreement limits Our or the Host’s liability for death or personal injury caused by negligence or fraud or fraudulent misrepresentation or any other liability which cannot be limited or excluded by law. To the extent permitted by applicable law:
- We will only be liable to You for any damages, costs, losses, expenses or other sums incurred as a direct result of Our failure to perform Our services under this Agreement;
- We will not be liable to You for indirect loss or damage;
- We will not be liable for any damages, costs, losses or expenses or other sum(s) of any description (i) which on the basis of the information given to Us by You concerning Your booking prior to Our accepting it, We could not have foreseen You would suffer or incur if We breached our Agreement with You or (ii) which did not result from any breach of Agreement or other fault by Us or, where We are responsible for them, Our suppliers and subcontractors;
- We will not be liable for any business losses or loss of profits, whether direct or indirect;
- Our liability and the liability of any Host, whether for one event or a series of connected events, shall be limited to the cost of Your applicable booking as set out in Your Booking Confirmation.
- We take no responsibility for false or misleading advertising by the Host and other third party content on our Website (www.comfyworkers.com, and any other domain name used by Us for the promotion of Our business, including any mobile application or alternative owned listing formats made available by Us). In instances relating to bookings, all information held on the accommodation is visible to You in advance of booking and as such sold with visibility. We will use all reasonable endeavours to ensure that We will not host any unlawful information and We will act expeditiously to remove or disable any such information upon becoming aware of the same. We take no responsibility for false or misleading third party data regarding the geographical location and the distances to and from the accommodation. It is Your responsibility to conduct Your own due diligence in relation to the location of the accommodation and the safety and security of its surrounding area, and the available travel routes and travel links.
- You agree to ensure that all correspondence is communicated directly to Us, including reporting any complaints or issues with the accommodation.
- If You have a query or complaint regarding a Host or accommodation, please contact Our customer service team at hello@comfyworkers.com. We will endeavour to respond and mediate the situation, however, We will not be liable or responsible for doing so. If You vacate the property early due to any issues with the accommodation and without informing Us or allowing us to assess the situation or resolve it, We may not be able to assist you in attaining a full or partial refund from the Host. Any complaints about the accommodation, including any notifications of loss or damage, must be reported to Us within 24 hours of Your check-in to the accommodation or, if later, within 24 hours of any loss, damage or issue occurring. If Your check in is delayed, You must inform us of Your revised check in date.
- If You have a query or complaint regarding any terms of this Agreement, please contact our customer service team at hello@comfyworkers.com. We will endeavour to respond to your query or complaint within a reasonable period.
- We operate call monitoring and recording as part of Our continuing effort to ensure You receive the highest service standards, We may monitor and record Your call for training purposes.
- We may, where We have good reason, stop you from placing orders with Us at any time.
- If you are placing a booking from any countries listed in the FATF lists on jurisdictions under increased monitoring and high-risk jurisdictions, you may be subject to a call for action, this must be declared prior to confirmation of a booking.
- As the person making the booking, You are responsible for obtaining the permission of Your guests before providing Us with their personal data. We are required to gather certain personal data about Customers and guests for the purposes of satisfying operational and legal obligations. We will only collect and process Customer and Guest personal data as set out in our Privacy Policy, and in compliance with our obligations under the Data Protection Act 2018 and the UK GDPR.
- From time to time We may offer additional services to You in Our own name, not as disclosed agent for the Host. Where We do so, We will agree with You any additional terms on which such additional services shall be supplied, including any applicable payment terms.
- You shall not circumvent Us, in any way in which We may be directly or indirectly negatively commercially affected. You agree not to contact, initiate contact, or attempt to do business, at any time for any purpose, either directly or indirectly, with any Host, employees, agents or other related parties of any Host introduced by Us for the purpose of circumventing, the result of which shall be to prevent Us from realising a profit, fees, or otherwise, without Our specific written approval. Where such approval is given, in Our sole discretion, it shall be given in writing on a case-by-case basis. This shall apply 12 full months after the last check-out date within our platform or deregistration, whichever is later. If such circumvention shall occur, You will pay to Us a fee that is equal to the commission or fee We would have realised in such a transaction, plus any costs, losses or expenses We incur on enforcement. To avoid uncertainty or doubt, this applies not only to bookings, but is inclusive of, but not limited to any prospective business opportunity, contact or information directly introduced or disclosed to You by Us.
- If you abuse or harass our staff, we reserve the right to terminate this Agreement. If we choose to do so, you may lose any security deposit we hold. We also reserve the right to disallow You from using our booking platform in the future.
- This Agreement shall be governed by and construed in accordance with the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.