Partner Terms

InnClusive Partner Terms

Partner Agreement

BACKGROUND

InnClusive is a trading name of Checked-Inn Limited Registered No..11266691.

The Property Partner acknowledges that this Agreement is between InnClusive and the Property Partner

The Property Partner named below wishes and agrees to InnClusive advertising and promoting The Property Partner’s Accommodation and to facilitate the booking of such Accommodation.

InnClusive agrees to provide such services in accordance with the provisions set out in this agreement and InnClusive’s Property Partner Terms.

WEBSITES

InnClusive may make the Accommodation available on its Websites which include but are not limited to:

InnClusive (www.innclusive.co.uk)

COMMISSION AND PAYMENT ARRANGEMENTS

Commission Rate 10% (plus sales tax where applicable)

InnClusive to deduct Commission from Accommodation Rates in accordance with clause 9.6

InnClusive to pay for accommodation booked according to the payment terms for Accommodation Rates under

clause 10.4 and 10.5

InnClusive will be operating as a disclosed agent in line with the EU TOMS legislation and VAT notice 709/6

SPECIAL TERMS

The Property Partner hereby appoints InnClusive as a reservation agent to advertise and promote its Accommodation in accordance with the Property Partner Terms set out in this agreement.

INNCLUSIVE PROPERTY PARTNER TERMS

TRADING NAME

The Property Partner acknowledges that InnClusive operates as a trading name of Checked Inn Limited
The Property Partner acknowledges that Checked Inn may communicate with the Property

Partner under the name of InnClusive whether on the telephone, in emails or other correspondence.

APPOINTMENT AND AGREEMENT SCOPE

2.1 The Property Partner appoints InnClusive as a reservation agent to:

2.1.1 advertise and promote the Accommodation on the Websites; and

2.1.2 make Reservations for clients / occupiers on its behalf.

2.2 The Property Partner agrees that in consideration of InnClusive advertising and promoting its Accommodation on the Websites and making Reservations, it shall be bound by the terms and conditions of this Agreement.

2.3 The Property Partner acknowledges that InnClusive may at its sole discretion

add or remove Accommodation from a Website without prior notice at any time (in the case of

removal, InnClusive may exercise this right irrespective of whether the Property Partner is in breach of the terms of this Agreement or not).

2.4 The person signing this Agreement warrants and represents that they are (i) the legal and beneficial owner of the Accommodation or (ii) the duly appointed representative with necessary authority to enter into this Agreement.

INNCLUSIVE OBLIGATIONS

3.1 The Property Partner may propose the Accommodation for InnClusive to advertise and promote.

3.2 InnClusive will determine at its sole discretion:

3.2.1 whether to advertise and promote the Accommodation; and

3.2.2 if so, may display Accommodation Information on its Websites, closed user groups or otherwise in such manner as it sees fit.

3.3 Following receipt of a Reservation Request, InnClusive may,

3.3.1 check the Accommodation’s availability with the Property Partner via telephone, text message, instant messaging services (including WhatsApp),

3.3.2 where the Accommodation is available to meet the Reservation Request, InnClusive may, if it considers the Accommodation is appropriate for the Client’s needs, make a Reservation for the Accommodation.

3.4 Where InnClusive makes a Reservation, InnClusive will, on the Property Partner’s behalf, confirm with the Client / potential Occupier that the Reservation has been confirmed.

3.5 InnClusive agrees to pay to the Property Partner the Accommodation Rates in accordance with clause 12 and subject to the terms of any Cancellation Policy.

3.6 InnClusive may, at its discretion, refer to the Accommodation using:

3.6.1 the postal address or generally accepted name which the Property Partner uses to refer to the Accommodation (Real Name); or

3.6.2 InnClusive may replace the Real Name with an alternative name (or alias) decided by InnClusive.

3.7 Subject to any reasonable requests of the Property Partner, InnClusive may perform its duties under this Agreement in such way as it determines if it does not do anything to knowingly harm the Property Partner’s brand.

PROPERTY PARTNER’S OBLIGATIONS

4.1 The Property Partner agrees to provide the Accommodation (and any agreed services or extras):

4.1.1 to the Clients (or as appropriate the Occupier(s)) strictly in accordance with all Reservations; and

4.1.2 in accordance with the Accommodation Information provided by the Property Partner to InnClusive in relation to such Accommodation.

4.2 If the Property Partner double books or fails to provide the Accommodation in accordance with a Reservation then it shall source alternative suitable accommodation of the same or higher standard to the Occupier’s reasonable satisfaction. If the fees for the alternative accommodation are higher than the original Accommodation, the Property Partner shall be responsible for the difference.

4.3 All Reservations are binding on the Property Partner as set out in clause 5.

4.4 The Property Partner shall ensure the Accommodation Information is provided in full to InnClusive and undertakes all Accommodation Information provided to InnClusive is accurate, complete and not misleading.

4.5 The Property Partner is responsible for regularly checking all Accommodation Information contained on InnClusive’ s website to ensure it continues to be accurate, complete and not misleading. The Property Partner shall immediately inform InnClusive of any changes or inaccuracies. The Property Partner will be responsible for any claims or complaints from any Clients, Occupiers or other third parties as a result of inaccurate, incomplete or misleading Accommodation Information.

4.6 The Property Partner shall in all matters relating to this Agreement comply with all Applicable Laws, always.

4.7 The Property Partner agrees that it shall always (both during the term of this Agreement and after its termination) keep confidential and shall not use (other than strictly for the purposes of this Agreement) or disclose to any third party the Confidential Information without the prior written consent of a director of InnClusive.

4.8 Provided that the Occupier is not in breach of the Terms of Stay, the Property Partner shall allow the Occupier quiet enjoyment of the Accommodation without any interruption by the Property Partner for the duration of the Reservation of the Accommodation (except for any maid service the Property Partner provides and any scheduled or emergency maintenance tasks the Property Partner is required to undertake).

4.9 The Property Partner will allow InnClusive and its representatives (including Client representatives) on reasonable notice to visit and inspect the Accommodation from time to time, to ensure compliance with this Agreement.

4.10 The Property Partner shall promptly provide to InnClusive all information which may in any way affect a Reservation including but not limited to details of any Accommodation refurbishment or other construction works to or close by the accommodation, any minimum age requirements and any change in ownership or management of the Accommodation and InnClusive reserves the right to include all such information on the Websites.

4.11 The Property Partner warrants that it has obtained, and shall maintain, all the Relevant Consents to allow InnClusive to advertise and market the Accommodation under this Agreement.

4.12 The Property Partner will implement, maintain, and enforce policies and procedures to ensure whilst staying at the Accommodation are not subject to harassment by any of the Property Partner’s staff, employees or contractors.

4.13 The Property Partner shall ensure that all staff, employees, and contractors who work at the Accommodation have clear unspent criminal conviction checks before providing services in relation to a Reservation.

4.14 The Property Partner warrants that all Accommodation provided under this agreement will be kept and maintained at the standard acceptable to InnClusive at the beginning of this agreement.

4.15 The Property Partner warrants and represents that it shall not target any Client or Occupier that makes a Reservation through InnClusive with promotions, incentives or any other offers or information intentionally designed to solicit the Client or Occupier to use any other party than InnClusive to reserve accommodation.

RESERVATIONS

5.1 All Reservations are binding on the Property Partner from the earlier of:

5.1.1 the time the Reservation confirmation is received in writing by email from the Property Partner; or

5.1.2 the expiry of one hour from the time a Reservation is sent or communicated by InnClusive to the Property Partner.

5.2 Following a reconfirmation of availability InnClusive will request the reservation of Accommodation pending the receipt of signed Innclusive Terms of Stay (see section 13)

5.3 InnClusive will then send The Property Partner a confirmation email together with a copy of the signed InnClusive Terms of Stay usually within the next working day

TERMS OF STAY AND CANCELLATION POLICY

6.1 The Property Partner agrees to the Cancellation Policy included within the InnClusive Terms of Stay (See section 7 and 13 of this agreement) InnClusive shall notify the Cancellation Policy to the Client.

6.2 It shall be the responsibility of the Property Partner to provide any Terms of Stay additional to the those stated within the InnClusive Terms of Stay to:

6.2.1 the Client prior to any use of the Accommodation and

6.2.2 the Occupier upon check-in at the Accommodation).

6.3 The Property Partner agrees that in all matters relating to Accommodation and a Reservation they shall comply with such Terms of Stay.

6.4 The Property Partner may only seek to remove or otherwise refuse entry to an Occupier to Accommodation where:

6.4.1 the Property Partner has agreed with InnClusive any action in relation to an Occupier prior to taking any action; and

6.4.2 such action is strictly in accordance with the Terms of Stay, which have been provided to such Occupier in advance of such action being taken.

6.5 Upon the signing of InnClusive Terms of Stay, InnClusive will take:

6.5.1 a fully refundable security deposit from the Occupier of £500 to be held against any damages.

6.5.2 InnClusive may also take details of an Occupier’s credit or debit card for security deposit purposes, and will make all the necessary arrangements for doing so.

CANCELLATIONS AND EXTENSIONS

7.1 InnClusive shall notify the Property Partner of any cancellation requests from Clients or Occupiers as soon as possible.

7.2 The Property Partner shall refer to InnClusive any cancellation requests, early departures and no shows by the Occupier within 24 hours of becoming aware of such an event to ensure that Reservations can be amended prior to invoicing.

7.3 InnClusive shall be responsible for charging any sums payable by the Client or Occupier under the terms of a Cancellation Policy for cancellations, early departures or no shows.

7.4 The Property Partner shall inform InnClusive of any extension requests within 24 hours of the request. Any extensions to a Reservation shall be at the same or lower Accommodation Rate as for the original Reservation.

7.5 All full or part cancellations of confirmed InnClusive Terms of Stay must be made in writing to: InnClusive, 2 Nuffield Close, Cambridge, CB4 1SS; email is also acceptable although InnClusive does not accept responsibility for delayed or misdirected emails.

7.6 Any confirmed InnClusive Terms of Stay will only be deemed cancelled from the first working day of InnClusive’s receipt of notice to cancel.

7.7 Cancellations are subject to the following fees:

Notice to Cancel Received by InnClusive	Fees Incurred
More than 4 weeks prior to arrival date	50% of 4 weeks fee due
Less than 4 weeks prior to arrival date	4 weeks fee due
Non-arrivals	8 weeks fees due
Early departure	Under the InnClusive Terms of Stay the Occupier is entitled to early termination but the clauses outlined will apply. Please note however that InnClusive are not obliged to refund fees paid for nights not used in part week periods.

COMPLAINTS AND FEEDBACK

8.1 The Property Partner shall:

8.1.1 acknowledge all complaints and respond to the complainant within two hours of receipt of a complaint (whether that complaint has come directly from the Client, the Occupier or from InnClusive).

8.1.2 keep InnClusive fully informed of any feedback received from any Occupier or Client regarding the Accommodation, whether positive or negative, and inform InnClusive within one working day of any complaints received.

8.2 InnClusive shall keep the Property Partner informed of any feedback received from any Occupier or Client regarding the Accommodation, whether positive or negative, and inform the Property Partner within a reasonable period of any complaints received.

8.3 The Property Partner shall use best efforts to:

8.3.1 resolve a complaint within six hours of receipt of the complaint from the Client, Occupier or InnClusive;

8.3.2 in the absence of resolving the complaint, reach agreement with the Occupier or Client regarding how to resolve the complaint with a full written response provided to the Occupier or Client on the steps to be taken. The Property Partner shall provide InnClusive with copies of any correspondence relating to the complaint.

8.4 InnClusive shall on the request of the Property Partner provide reasonable assistance in addressing any complaint or issue the Property Partner has with a Client or Occupier.

COMMISSION

9.1 Commission is payable by the Property Partner to InnClusive on the Accommodation Rates for all Reservations, including food and beverage pre-booked (i.e. prior to arrival), cancellation fees and no show fees

9.2 Subject to clause 9.3, Commission is payable by the Property Partner to InnClusive at the rate set out in the commission and payment arrangements within this agreement.

9.3 Commission is payable at the rate stated in this agreement for all Reservations unless a different percentage for a defined period is agreed in advance in writing by an authorised representative on behalf of each of the parties.

9.4 If a Reservation is cancelled by an Occupier due to an act or omission of the Property Partner, Commission shall be payable on the Accommodation Rates which would have been payable but for the cancellation (irrespective of whether the Accommodation has been occupied by an Occupier as defined in clause 25).

9.5 If a Reservation is cancelled by a Client or Occupier, Commission shall be payable on any cancellation fee payable under the Cancellation Policy.

9.6 Unless otherwise agreed, InnClusive will deduct the Commission from the payment of Accommodation Rates made to InnClusive by the Client/Occupier for the Reservation. InnClusive will forward (if applicable) a Sales Tax commission receipt to the Property Partner for their records.

PAYMENTS

10.1 Where a Client / Occupier confirms a Reservation for Accommodation by signing the Licence To Occupy, InnClusive shall:

10.1.1 take payment from the Client /Occupier of the Accommodation Rates

10.1.2 take a £500 fully refundable deposit, to be held against damages.

10.2 Where InnClusive Terms of Stay are signed within 28 days of arrival InnClusive shall take payment for the first 4 weeks

10,3 Payment is then taken by InnClusive each 4 weeks from the first payment date.

10.4 Following receipt of the Accommodation rates from the Client/ Occupier, InnClusive will pay the Accommodation Rates (less Commission) direct to the Property Partner’s nominated bank account, or by another agreed method, within 5 working days of receipt.

10.4.1 All other ancillary and incidental costs should be raised initially to InnClusive who will then organise the payment and settlement directly to the partner with the occupant.

10.5 The Property Partner shall be responsible for any bank charges that apply in relation to a payment of Accommodation Rates from InnClusive.

10.6 As an exception, where InnClusive instructs the Property Partner in writing to do so the Property Partner shall collect the Accommodation Rates from the Client or Occupier for a Reservation and the Property Partner shall upon receipt of an invoice from InnClusive immediately make payment of the Commission to InnClusive directly.

REFUNDS

If InnClusive is required to pay a Refund to a Client or Occupier, the Property Partner shall pay to InnClusive such amounts as InnClusive requests for such purposes within 7 days of such a request.

ACCOMMODATION RATES

12.1 The Property Partner is responsible for providing InnClusive with the Accommodation Rates for the Accommodation.

12.2 In relation to Rates, the Accommodation Rates should be valid for 28 days from the time of the quote.

12.3 Where a Client /potential Occupier has made a Reservation the Accommodation Rates for that Reservation shall remain unchanged. This applies irrespective of whether the Property Partner (or InnClusive on its behalf) has updated their Accommodation Rates

12.4 The Property Partner warrants that the Accommodation Rates offered to Client /potential Occupier making Reservations via InnClusive shall always remain competitive when compared to rates which it otherwise makes available and are at no higher rates (or on no less favourable terms) than accommodation rates offered directly by the Property Partner to other agents, other distribution channels, its own reservations or sales personnel, users of its own website and any other websites which sell, promote or otherwise make available the Accommodation

12.5 Accommodation Rates should be provided for Reservations as a net rate that is exclusive of Sales Tax (VAT) but inclusive of Commission (“Commissionable rates”)

INNCLUSIVE TERMS OF STAY

Each occupier signs InnClusive Terms of Stay which grants NO right of tenure and covers the following:

13.1 With the permission of The Property Partner InnClusive agrees Terms of Stay between InnClusive and the Occupier.

13.2 Prior to issuing the InnClusive Terms of Stay at least two forms of available, official ID will be verified by InnClusive. These will be two of the following: Passport, Driving License, National ID Card

13.3 The InnClusive Terms of Stay are made in relation to the Accommodation reserved

13.3 InnClusive offers Terms of stay for a minimum of 90 days.

13.4 InnClusive agrees Terms of Stay with the Occupier for a period calculated in weeks.

13.5 The InnClusive Terms of Stay shall state the start and end date denoting the term.

13.6 The InnClusive Terms of Stay will include an option to extend, the request for which must be provided in writing from the Occupier and received by InnClusive at least 28 days prior to the original end date.

13.7 InnClusive will provide the Occupier with the option of an early termination although a charge of £1 per day will be charged to the Occupier for each day that falls before the 90 days minimum term. Any request for early termination must be provided in writing to InnClusive with a minimum of 28 days’ notice of the new termination date requested.

13.8 The Occupier shall pay InnClusive, irrespective of whether the Accommodation is continually occupied, an agreed Weekly Fee (Accommodation rate) including VAT, See section 10 for payment terms.

13.9 A security deposit of £500 is to be paid by the Occupier upon the signing of the InnClusive Terms of Stay and held by InnClusive against any damages. Should there be no damage to the Accommodation at the end of the Term, this deposit is fully refundable.

INTELLECTUAL PROPERTY Rights (IPR’s)

14.1 The Property Partner grants InnClusive a licence to use all Accommodation Information that it provides to InnClusive in relation to the Accommodation for

(i) the advertisement and promotion of the Accommodation on the Website and elsewhere and

(ii) such other internal and external marketing uses that InnClusive determines from time to time.

14.2 InnClusive may modify or adapt such Accommodation Information as it deems appropriate for the purposes of advertising and promoting the Accommodation but will not falsify or misconstrue it in any way.

14.3 The Property Partner warrants that it owns all IPRs in any Accommodation Information that it supplies to InnClusive and that any use of such Accommodation Information by InnClusive shall not infringe the IPRs of any third party.

14.4 The Property Partner agrees to indemnify InnClusive for any losses, expenses, claims, damages or liabilities that InnClusive may suffer as a result of any use of Accommodation Information it supplies to InnClusive whether in relation to intellectual property infringement or otherwise.

14.5 The Property Partner agrees that all IPRs on the Website and in the materials on the Website (other than the IPRs in any Accommodation Information) shall always remain vested in InnClusive.

14.6 The Property Partner may request removal of any information about their Accommodation on the Website if it is inaccurate, or if they are otherwise unhappy with how the Accommodation is presented. InnClusive will endeavour to remove the information within 7 days.

DATA PROTECTION

Where the Property Partner processes any Personal Data under this Agreement, the Property Partner agrees to comply with the Data Protection Requirements under GDP Regulations

LIABILITY AND INDEMNITY

16.1 Nothing in this Agreement shall limit either party’s liability for death or personal injury caused by their negligence or for fraud or fraudulent misrepresentation or for anything else in relation to which it would be unlawful for them to limit or exclude their liability.

16.2 Subject to clause 16.1, InnClusive shall not be liable to the Property Partner, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this Agreement for any indirect or consequential loss or for any of the following losses:

(a) loss of profits;

(b) loss of revenue;

(d) loss of agreements or contracts;

(e) loss of anticipated savings;

(f) loss of or damage to goodwill or reputation; or

(g) loss of use or corruption of data or information.

16.3 Subject to clause 16.1, InnClusive’s total liability to the Property Partner, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this Agreement shall be limited as follows:

16.3.1 the extent that the claim relates to a Reservation, InnClusive’s liability shall be limited to an amount equal to the Commission paid to InnClusive in respect of that Reservation; and

16.3.2 to the extent that the claim does not relate to a Reservation, InnClusive’s liability shall not exceed an amount equal to the Commission paid to InnClusive under this Agreement in the 12 month period immediately prior to the event giving rise to the claim.

16.4 InnClusive shall not carry out any checks during the Reservation in relation to the Clients or Occupiers and shall in no way be responsible or liable for their acts or omissions or for any damage or problem caused during their use of the Accommodation. The Property Partner shall accept all risks in relation to the Clients or Occupiers and their use of the Accommodation.

16.5 The Property Partner shall indemnify and keep InnClusive indemnified against any liabilities or losses howsoever caused in relation to the Reservation (or the Client’s, Occupier’s or any third party’s use of the Accommodation), except to the extent that the loss or liability occurs due to InnClusive’s negligence.

INSURANCE

17.1 The Property Partner shall as a minimum maintain the following insurance policies during the term of this Agreement with a reputable insurance company:

17.1.1 public liability insurance, to a minimum of £5 million (or local equivalent), to cover injury and damage to Clients, Occupiers and other third parties at the Accommodation or otherwise on the Property Partner’s premises. This insurance policy must include cover for accidents;

17.1.2 employers’ liability insurance of £5 million (or local equivalent).

17.1.3 suitable comprehensive insurance for the contents and building of the Accommodation and any other property of the Property Partner of £5 million (or local equivalent).

17.2 Where the Property Partner’s insurance under clause 17.1.3 covers property belonging to Clients or Occupiers, the Property Partner shall extend the benefit of such insurance to the Client and Occupiers.

17.3 The Property Partner will notify the applicable insurance company that the Accommodation will be occupied under licence.

17.4 The Property Partner will, on InnClusive’s request, supply InnClusive with evidence of such valid insurance cover.

DURATION AND TERMINATION

18.1 This Agreement shall remain in force until terminated by one party giving the other party not less than 60 days’ written notice to terminate.

18.2 If the Property Partner terminates this Agreement, such termination by the Property Partner will not affect any Reservations made prior to termination and the Property Partner shall provide the Accommodation in respect of all such Reservations in accordance with this Agreement.

18.3 InnClusive shall only be entitled to terminate or cancel a Reservation made by written notice to the Property Partner if the Property Partner breaches any of the provisions of this Agreement and in such circumstances the Property Partner shall refund all Accommodation Rates paid in relation to such Reservation. Any other cancellation of a Reservation / signed InnClusive Terms of Stay shall be dealt with in accordance with the Terms within the InnClusive Terms of Stay or as otherwise agreed between the parties.

18.4 The termination of this Agreement shall not impact any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.

18.5 The Property Partner shall immediately pay to InnClusive all sums outstanding as at the date of termination including (where applicable) the payment of all Commission.

18.6 InnClusive shall be entitled to and the Property Partner shall pay to InnClusive all Commission on Reservations / signed InnClusive Terms of Stay which are fulfilled after termination of this Agreement, but which arise due to the work confirming Reservation(s) signed InnClusive Terms of Stay undertaken by InnClusive.

18.7 Without impacting upon any InnClusive’s other rights or remedies, InnClusive may remove the Property Partner and/or the Accommodation from its Websites or suspend the performance of any of its services or terminate this Agreement without further liability in the event of non or late payment by the Property Partner or if InnClusive has reason to doubt the creditworthiness of the Property Partner.

ASSIGNMENT AND SUB-CONTRACTING

19.1 This Agreement and all rights under it may be assigned or transferred by InnClusive.

19.2 The Property Partner shall not assign, transfer, sub-contract or otherwise deal with this Agreement without InnClusive’s prior written consent.

ANTI-BRIBERY

20.1 The Property Partner shall:

20.1.1 comply with all applicable laws, statutes, regulations, and codes relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010 (Bribery Legislation).

20.1.2 not engage in any activity, practice, or conduct which would constitute an offence under the Bribery Act 2010 if such activity, practice, or conduct had been carried out in the UK.

20.1.3 comply with InnClusive’s “Anti-bribery and Anti-corruption Policy” (available on request)

20.1.4 have and shall maintain in place throughout the term of this Agreement its own policies and procedures, including adequate procedures under the Bribery Act 2010, to ensure compliance with Bribery Legislation, the Anti-Bribery Policy and clause 20.1.2, and will enforce them where appropriate; and

20.1.5 promptly report to InnClusive any request or demand for any undue financial or other advantage of any kind received by the Property Partner in connection with the performance of this Agreement;

VARIATION

21.1 InnClusive reserves the right to amend this Agreement on 14 days’ written notice to the Property Partner from time to time.

21.2 If the Property Partner continues to make the Accommodation available on the Website for a period of 14 days’ after receiving InnClusive’ s written notice to vary this Agreement, the Property Partner shall be deemed to accept the terms of any variation notified by InnClusive under clause

THIRD PARTY RIGHTS

22.1 Subject to clauses 22.2, InnClusive and the Property Partner agree that all rights (express or implied) conferred upon any third party to this Agreement by the Contracts (Rights of Third Parties) Act 1998 are expressly excluded.

22.2 A Client may enforce the terms of this Agreement against the Property Partner in relation to the GDPR / Data Protection Requirements.

NOTICES

23.1 Any notice given to a party under or in connection with this Agreement shall be in writing and shall be:

23.1.1 delivered by hand or by pre-paid first-class post or other next working day delivery service to the following address:

23.1.1.1 Property Partner: the address set out in the Property Partner Details at the beginning of this agreement InnClusive: Unit 2 Nuffield Close, Cambridge CB41SS

23.1.1.2 sent by email to the address set out below:

23.1.2.1 Property Partner: the email address for notice set out in the Property Partner Details at the beginning of this agreement

23.1.2.2 InnClusive: supplychain@innclusive.co.uk

23.2 Any notice shall be deemed to have been received:

23.2.1 if delivered by hand, on signature of a delivery receipt;

23.2.2 if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the next working day after posting;

23.2.3 if sent by email, at 9.00 am on the next working day after sending.

23.3 References to working days in clause 23.2 are to working days (excluding weekends and public holidays) in the country of receipt.

23.4 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any method of dispute resolution.

GENERAL

24.1 Any reference to a statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.

24.2 A reference to writing or written includes emails but not faxes.

24.3 Any waiver by either party of a breach of any provision of this Agreement shall not be considered as a waiver of any subsequent breach of the same or any other provision.

24.4 This Agreement and the documents referred to herein constitute the entire agreement between InnClusive and the Property Partner and supersedes any prior written or oral agreement in relation to its subject matter and the parties confirm that they have not entered this Agreement based on any representation that is not expressly incorporated into this Agreement.

24.5 Each provision of this Agreement is independent and severable from the remaining provisions and enforceable accordingly. If any provision of this Agreement is unenforceable for any reason but would be enforceable if part of the wording of the provision was deleted, it shall apply with such deletions as may be necessary to make it enforceable.

24.6 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 English Courts

DEFINITIONS

The following definitions apply in these Property Partner Terms:

Accommodation the Property Partner’s serviced apartments, apartments, hotel or other accommodation which InnClusive may advertise on the Websites and elsewhere;
Accommodation Information the information and materials the Property Partner agrees to be loaded onto InnClusive’s website in relation to the Accommodation and/or the facilities, services and amenities offered from time to time;
Accommodation Rates the rates for staying at the Accommodation as determined in accordance with this Agreement;
Agreement This agreement together with the Property Partner Terms
Applicable Law all applicable laws, rules, regulations and regulatory requirements including without limitation all building and health and safety legislation as updated from time to time;
Cancellation Policy the Property Partner’s standard cancellation policy in relation to Reservations for the Accommodation (or such amended cancellation policy as agreed between the Property Partner and InnClusive);
Client(s) any person, firm or company who either themselves or through a third party makes a Reservation or Reservation Request;
Commission the remuneration to be paid to InnClusive in relation to each Reservation as set out in the Contract Details;
Confidential Information any confidential, commercially sensitive or proprietary information of InnClusive (including but not limited to any information howsoever concerning the Client or Occupier), but excluding any information
- in the public domain otherwise than by a breach of this Agreement;
- which the Property Partner can prove by documentary evidence (to InnClusive’s reasonable satisfaction was already known to the Property Partner); or
- which a director of InnClusive agrees in writing is disclosable;
Data Protection Requirements InnClusive’s requirements regarding the Property Partner’s processing of Personal Data as set out in InnClusive’s Data Protection policy, available on request.
InnClusive Terms of Stay agreed Terms of Stay between InnClusive and an occupier under which the property partner provides the Occupier with the non-exclusive right to stay within a property for a period. There is NO right of tenure.
Occupier an individual who, because of a Reservation made by them, or by a Client on their behalf, will have signed InnClusive Terms of Stay to Occupy the Accommodation for a period.
IPRs intellectual property rights, including copyright, trademarks (registered or unregistered), brand, design rights, database rights, patents or confidential information;
Personal Data has the meaning provided in the Data Protection Requirements;
Property Partner the entity set out under “Property Partner Details” on page 1 of this agreement;
Refund a refund to a Client or Occupier as a result of any overpayment or any cancelled or shortened stay (either in accordance with the Terms of Stay or as a result of a complaint);
Relevant Consents means all necessary consents from:
the relevant local authority or regulatory body to make Reservations available for the Accommodation for a period of less than six months;
any leaseholder that the Property Partner requires consent from under a head lease or superior lease to make the Accommodation available under this Agreement;
any mortgage lender or charge holder where the Accommodation is subject to a mortgage or charge.
Reservation(s) a reservation made by InnClusive for Accommodation in accordance with the terms of this Agreement.
Reservation Request(s) a request made by a Client / potential Occupier and received by InnClusive (whether via telephone, the Website or otherwise) with regards to a possible reservation for accommodation of the type, price range and in the location of the Accommodation;
Sales Tax any sales tax or similar such tax which is levied upon the provision of the Accommodation;
InnClusive InnClusive a trading name of Checked Inn Limited a company registered in England and Wales with Company Number 11266691. whose registered office is 2 Nuffield Close, Cambridge, CB41SS.
Static Rates the Accommodation Rates for Offline Accommodation which can be uploaded to InnClusive’s online platform;
Terms of Stay such terms and conditions imposed by the Property Partner on the Occupier in relation to Accommodation and a Reservation;
Websites means
- the website at http://www.innclusive.co.uk and
- any other websites or online tools operated by InnClusive and/or any Company that InnClusive determines the Accommodation may be promoted and made available through in accordance with this Agreement from time to time.

Partner Terms

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