This page tells you the terms and conditions on which we supply any of the services (Services).
Please read these terms and conditions carefully and make sure that you understand them, before ordering any Services. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Services.
We operate the website madison-hill.com (our site). We are APB Short Let Solutions
Ltd., a limited company registered in England and Wales trading under the name
Madison Hill. Our company number is 9512783. Our registered office and main
trading address is Unit 6a Hillgate Place, Balham Hill, London, SW12 9ER. Our VAT
number is GB 215 4447 24.
By placing an order through this site, you warrant that:
• you are legally capable of entering into binding contracts; and
• you are at least 25 years old.
• After placing an order, you will receive an email from us acknowledging that
we have received your order. Please note that this does not mean that your
order has been accepted. Your order constitutes an offer to us. All orders are
subject to acceptance by us and we will confirm such acceptance to you by
sending you an email that confirms that your offer has been accepted. The
contract between us (Contract) will only be formed when we send you this
email. If we do not send you an email telling you that your stay is confirmed,
then there is no contract.
• The Contract will relate only to those Services we have confirmed. We will
not be obliged to supply any other Services which may have been a part of
your order.
Please note that in all cases we accept orders as agents on behalf of third-party
property owners. The resulting legal contract is between you and that third party
property owner. When we send you the email telling you that it as been confirmed it
will be accompanied by the Rental Terms & Conditions. You can also access the
contract Rental Terms & Conditions on this Site. Furthermore, your booking and
occupation of the Property is subject to the Property Manual applicable to the
particular property. This document will be available at the Property and should you
require information on this please let us know.
• The price of the Services (including Accommodation Price) will be as quoted
on this site from time to time, except in cases of obvious error.
• On confirmation of your order we will take a 35% (plus VAT) Service Charge,
based on the Accommodation Price less any relevant discount. Please note
that this Service Charge is not in addition to the Accommodation Price quoted
on your Booking Confirmation, but merely a part thereof. The Service Charge
is non-refundable under all circumstances.
• The balance of your order is payable on confirmation of your order.
• It is our understanding that VAT at the standard rate is applicable to holiday
lettings, serviced accommodation, corporate lettings and alternatives to hotel
accommodation and where it is the Accommodation Price stated is inclusive
of VAT at the current rate.
• This site contains a large number of Services and it is always possible that,
despite our best efforts, some of the Services listed on our site may be
incorrectly priced. We will normally verify prices as part of our procedures so
that, where the correct price is less than our stated price, we will charge the
lower amount. If the correct price is higher than the price stated on our site,
we will normally, at our discretion, either contact you for instructions within
24 hours of you placing your order, or reject your order and notify you that we
are rejecting it.
• If the pricing error is obvious and unmistakeable and could have reasonably
recognised by you as an error, we do not have to provide the Services to you
at the incorrect (lower) price.
• Payment for all Services must be made in Sterling (British Pounds) by debit
card, credit card or by a same day transfer of funds where the funds are
cleared to be available in our account the same working day.
• We will not charge your debit or credit card until we dispatch your Booking
Statement, Status: Confirmed. If making a transfer payment you are
responsible for all bank charges (receiving and sending). We will provide the
relevant bank account details at the appropriate time.
• We do not accept payment (whether in part or in whole) in cash, cheques,
giro credit or any other method apart from those specified in this clause. Any
attempt to make payment by any other such means would not be accepted
and your booking will not be confirmed.
• The appropriate payment must be received by us no later than the end of the
following working day or your order will be cancelled which will result in non-
confirmation of your booking.
• If you wish to cancel your order you have to give us written notice as provided
for in these terms and conditions. Such notice is only valid if given in
accordance with these terms and conditions and when sent by e-mail you
request and receive from us a ‘read receipt’.
• Orders may be cancelled by you prior to confirmation. Once your booking has
been accepted and confirmed by us you will be charged the non-refundable
Service Charge. Cancellations for which notice is received less than 30 full
days before the Arrival Date will incur 100% cancellation fee of the entire
accommodation costs.
• If we have received full payment from you more than 30 days before your
Arrival Date and you cancel more than 30 days before your Arrival Date, you
will be refunded 50% of the Accommodation Price. Any refund due to you will
normally be made by using the same method originally used by you to pay for
the purchase.
• In the unlikely event that we have to cancel or modify your order we will
contact you at the contract details you provided to us as soon as reasonably
practicable and use our reasonable endeavours to find you suitable alternative
residential accommodation of at least the same standard for or as near to the
duration of your notified tenancy. If notwithstanding that we are unable to find
such residential accommodation for you, we will promptly refund the entire
amount you have paid to us and we will then have no further liability or obligation to you.
In the event that we do find suitable alternative residential
accommodation, which you unreasonably refuse, we will be entitled to treat
that as a cancellation by you.
We warrant to you that any residential accommodation booked through our site will
conform in all material respects with its description, be of satisfactory quality, and be
reasonably fit for all the purposes for which Services of that kind are commonly
supplied.
• Subject to clause 8.3, if we fail to comply with these terms and conditions,
we shall only be liable to you for the price paid for the Services.
• Subject to clause 8.3, we will not be liable for losses that result from our
failure to comply with these terms and conditions that fall into the following
categories even if such losses result from our deliberate breach:
• loss of income or revenue;
• loss of business;
• loss of profits;
• loss of anticipated savings;
• loss of data; or
• waste of management or office time.
• We do not in any way exclude or limit our liability for:
• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• any breach of the terms implied by section 12 of the Sale of Goods Act
1979 or section 2 of the Supply of Goods and Services Act 1982 (title
and quiet possession);
• defective Services under the Consumer Protection Act 1987; or
• any other matter for which it would be illegal for us to exclude or
attempt to exclude our liability.
Applicable laws require that some of the information or communications we send to
you should be in writing. When using our site, you accept that communication with
us will be mainly electronic. We will contact you by e-mail or provide you with
information by posting notices on our website. For contractual purposes, you agree
to this electronic means of communication and you acknowledge that all contracts,
notices, information and other communications that we provide to you electronically
comply with any legal requirement that such communications be in writing. This
condition does not affect your statutory rights.
All notices given by you to us must be given to us at the address above or by email
to the address published on the Site on which you booked: enquiries@madison-
hill.com . We may give notice to you at either the e-mail or postal address you
provide to us when placing an order, or in any of the ways specified in clause 9
above. Notice will be deemed received and properly served immediately when
posted on our website, 24 hours after an e-mail is sent, or three days after the date
of posting of any letter. In proving the service of any notice, it will be sufficient to
prove, in the case of a letter, that such letter was properly addressed, stamped and
placed in the post and, in the case of an e-mail, that such e-mail was sent to the
specified e-mail address of the addressee.
• We will not be liable or responsible for any failure to perform, or delay in
performance of, any of our obligations under a Contract that is caused by
events outside our reasonable control (Force Majeure Event).
• A Force Majeure Event includes any act, event, non-happening, omission or
accident beyond our reasonable control and includes in particular (without
limitation) the following:
• strikes, lock-outs or other industrial action;
• civil commotion, riot, invasion, terrorist attack or threat of terrorist
attack, war (whether declared or not) or threat or preparation for war;
• fire, explosion, storm, flood, earthquake, subsidence, epidemic or
other natural disaster;
• impossibility of the use of railways, shipping, aircraft, motor transport
or other means of public or private transport;
• impossibility of the use of public or private telecommunications
networks;
• the acts, decrees, legislation, regulations or restrictions of any
government;
• pandemic or epidemic.
• Our performance under any Contract is deemed to be suspended for the
period that the Force Majeure Event continues, and we will have an extension
of time for performance for the duration of that period. We will use our
reasonable endeavours to bring the Force Majeure Event to a close or to find
a solution by which our obligations under the Contract may be performed
despite the Force Majeure Event.
12WAIVER
• If we fail, at any time during the term of a Contract, to insist upon strict
performance of any of your obligations under the Contract or any of these
terms and conditions, or if we fail to exercise any of the rights or remedies to
which we are entitled under the Contract, this will not constitute a waiver of
such rights or remedies and will not relieve you from compliance with such
obligations.
• A waiver by us of any default will not constitute a waiver of any
subsequent default.
• No waiver by us of any of these terms and conditions will be effective unless
it is expressly stated to be a waiver and is communicated to you in writing in
accordance with clause 10 above.
If any court or competent authority decides that any of the provisions of these terms
and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable
to any extent, the term will, to that extent only, be severed from the remaining
terms, which will continue to be valid to the fullest extent permitted by law.
• These terms and conditions and any document expressly referred to in them
constitute the whole agreement between us and supersede all previous
discussions, correspondence, negotiations, previous arrangement,
understanding or agreement between us relating to the subject matter of any
Contract.
• We each acknowledge that, in entering into a Contract, neither of us relies on,
or will have any remedies in respect of, any representation or warranty
(whether made innocently or negligently) that is not set out in these terms
and conditions or the documents referred to in them. If you wish to rely on
any such statements, then please make sure you ask for any variations from
these terms and conditions to be confirmed in writing.
• Each of us agrees that our only liability in respect of those representations
and warranties that are set out in this agreement (whether made innocently
or negligently) will be for breach of contract.
• Nothing in this clause limits or excludes any liability for fraud.
• We have the right to revise and amend these terms and conditions from time
to time to reflect changes in market conditions affecting our business,
changes in technology, changes in payment methods, changes in relevant
laws and regulatory requirements and changes in our system’s capabilities or
in any other reasonable way.
• You will be subject to the policies and terms and conditions in force at the
time that you order Services from us, unless any change to those policies or
these terms and conditions is required to be made by law or governmental
authority (in which case it will apply to orders previously placed by you). Or if
we notify you of the change to those policies or these terms and conditions
before we send you the Confirmation (in which case we have the right to
assume that you have accepted the change to the terms and conditions,
unless you notify us to the contrary within seven working days of receipt by
you of the Confirmation).
• Contracts made through our site and any dispute or claim arising out of or in
connection with them or their subject matter or formation (including non-
contractual disputes or claims) will be governed by English law. Any dispute or
claim arising out of or in connection with such Contracts or their formation
(including non-contractual disputes or claims) will be subject to the non-
exclusive jurisdiction of the courts of England and Wales.
• A person who is not party to these terms and conditions or a Contract shall
not have any rights under or in connection with them under the Contracts
(Rights of Third Parties) Act 1999.
