Terms and Conditions
1.WHO WE ARE AND WHAT WE DO
1.1. We are Living Elite, which is a trading name of ManageWell Properties Limited, company number 14982267 and with registered office at 124 City Road, London EC1V 2NX (Living Elite, us, we).
1.2. These terms of use set out the legally-binding agreement under which you use:
1.2.1. the website at www.livingelite.co.uk and any associated subdomains (the Website); and
1.2.2. the materials, functions, products and services provided by us,
together being the Living Elite Services.
1.3. Through the Living Elite Services we allow users (you, your, or Users) to make bookings to stay in accommodation operated by us.
2. CONTACT DETAILS
2.1. To contact us, including to tell us about a problem or make a complaint about the Living Elite Services, please write to us at hello@livingelite.co.uk. If your complaint is about how we store or process your personal information, you can also contact the Information Commissioner’s Office, although we would appreciate the opportunity to resolve your concern directly first.
2.2. If we need to contact you, we will do so using the contact details that you provided to us when enquiring with us or making a booking. You agree to provide us with up to date contact details at all times.
2.3. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR LEGALLY BINDING AGREEMENT WITH YOU
3.1. These terms (the Terms) form a legally binding agreement between us and you in relation to your use of the Living Elite Services. You should read the Terms carefully and we recommend that you print or save a copy of them for future reference. By doing any of the following:-
3.1.1. visiting the Website;
3.1.2. making an enquiry with us;
3.1.3. booking any accommodation; or
3.1.4. using any element of the Living Elite Services,
you confirm that you accept the Terms and that you agree to comply with them. If you do not agree to the Terms, you must not visit the Website, make an enquiry with us, book accommodation or use any element of the Living Elite Services.
3.2. You warrant that you are at least 18 years old. If you are not at least 18 years old, you must not use the Living Elite Services.
4. INFORMATION PROVIDED TO US
4.1. You agree that you are the person that has made the booking with us and that the personal details and guest information you have supplied are complete and accurate. You agree not to misrepresent your identity or information at any time. We are under no obligation to check the accuracy of the information that you provide to us, but you hereby authorise us to, directly or through a third party, obtain, verify and record information and documentation that helps us to verify your information if we wish to do so. You will notify us if any of your information changes.
4.2. Subject to the terms of our privacy policy, your inputs into the Living Elite Services, and the outputs that you generate (together, Data), may be fully accessible by, and visible to, Living Elite. By using the Living Elite Services, you grant to us a non-exclusive, royalty-free licence to use the Data in any way and for any purpose that we see fit, with the right to use, modify, display, distribute and create new material using or incorporating that information, and you grant us the right to sub-licence these rights to third parties or members of our corporate group.
5. HOW YOU MAY USE THE LIVING ELITE SERVICES
5.1. We are the owner or the licensee of all intellectual property rights in the Living Elite Services and materials and content published on or through the Living Elite Services, and in all related concepts, technical know-how and all modifications customisations, revisions, bug fixes, enhancements, improvements and derivative works (collectively, the Derivative Works), all of which are protected by copyright laws and treaties around the world. All such rights are reserved. Except as expressly stated herein, the Terms do not grant you any rights to any intellectual property rights (whether registered or unregistered), or any other rights or licences in respect of the Living Elite Services or the Derivative Works. To the extent it is determined that you have any right in connection with the Living Elite Services or the Derivative Works, you hereby irrevocably: (i) assign to Living Elite in perpetuity any right, title and interest, whether now existing or later arising (including by present assignment of future rights), that you may have in or to the Living Elite Services or the Derivative Works and/or related intellectual property rights; and (ii) agree to take any action which Living Elite requests to vest or protect its right, title and interest in the Living Elite Services and the Derivative Works.
5.2. You may print off one copy, and may download extracts, of any page(s) from the Website or otherwise provided to you through the Living Elite Services for your personal use only. Other than as expressly permitted by us, you must not copy, modify or distribute the paper or digital copies of any materials you have printed off or downloaded from the Living Elite Services in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics from the Living Elite Services separately from any accompanying text. You must not repurpose, quote, or extract any materials provided through the Living Elite Services.
5.3. Our status (and that of any identified contributors) as the authors of content in the Living Elite Services or otherwise provided to you through the Living Elite Services must always be acknowledged.
5.4. You must not use any part of the content in the Living Elite Services or otherwise provided to you through the Living Elite Services for commercial purposes without obtaining a licence to do so from us or our licensors.
5.5. You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Website in any website that is not owned by you. The Website must not be framed on any other Website. We reserve the right to withdraw linking permission without notice. If you wish to make any use of content on the Website other than that set out above, please contact us using the contact details specified above.
5.6. We are not responsible for websites we link to. Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources, make no representation, warranty or commitment in relation to them, and are not responsible for such. Any contract entered into and any transaction completed via any third-party website is between you and the relevant third party, and not us. You should refer to the third party's website terms and conditions and privacy policy prior to using the relevant third-party website.
5.7. We are not responsible for viruses and you must not introduce them. We do not guarantee that the Living Elite Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Living Elite Services. You should use your own virus protection software.
5.8. You must not:
5.8.1. misuse the Living Elite Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
5.8.2. attempt to gain unauthorised access to the Living Elite Services, the server on which the Living Elite Services is stored or any server, computer or database connected to the Living Elite Services;
5.8.3. use any robot, spider, scraper, deep link or other data gathering or extraction tool, program, algorithm or methodology to access, acquire, copy or monitor the Website or any portion of it;
5.8.4. use or attempt to use any engine, software, tool, agent or other device to navigate or search the Living Elite Services, other than search engines and search agents available through the Living Elite Services or through generally available third party web browsers; or
5.8.5. attack the Living Elite Services via a denial-of-service attack or a distributed denial-of service attack.
By breaching this clause, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Living Elite Services will cease immediately.
5.9. We are not responsible for anything done by you in breach or contravention of this clause 5.
5.10. When we consider that a breach of this clause 5 has occurred (in our absolute and sole discretion), we may take such action as we deem appropriate, and such breach may result in our taking all or any of the following actions:-
5.10.1. ending your right to use the Living Elite Services;
5.10.2. end any contracts for bookings you may have in accordance with clause 13.1;
5.10.3. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach, or further legal action against you; and/or
5.10.4. disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
5.11. We exclude our liability for all action we may take in response to breaches of this clause 5. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
5.12. Your responsibility for access by third parties. You are responsible for ensuring that all persons who access the Living Elite Services through your internet connection are aware of the Terms and other applicable terms and conditions, and that they comply with them.
6. BOOKINGS
6.1. We will only accept your booking, and a contract will come into effect between you and us, once you have paid in full and we have issued you with a written confirmation of your booking. The contract between us is subject to these Terms.
6.2. Prior to this, we have the right to refuse any booking and if we do this we will tell you in writing and refund any money you have paid us.
6.3. Before we have accepted your booking the accommodation is not considered booked by you and will remain available to be booked by somebody else.
6.4. When you receive your written confirmation, you must check the details carefully and if anything is incorrect you should notify us immediately.
6.5. As we are always seeking to improve services and facilities, there may be small differences between the actual accommodation and its description.
7. PRICING AND PAYMENTS
7.1. Pricing displayed on the Website is indicative only. The final price of your stay will be confirmed by us in writing prior to our acceptance of your booking.
7.2. If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 8% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
7.3. If you are required to pay VAT and the rate of VAT changes between your order date and the date we supply the service, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
8. GUEST INFORMATION FORM AND SECURITY DEPOSIT
8.1. You must complete our Guest Information Form at least seven (7) days prior to the day of check-in, or if you have booked less than 7 days prior to check-in, at the latest the day before check-in.
8.2. In addition to payment for the cost of your stay, we require a security deposit to be held by us either pre-authorised by credit card or paid by debit or credit card prior to the day of check-in, and we will request your card details for this.
8.3. We reserve the right to decline entry to the accommodation if you refuse to complete our Guest Information Form and/or provide a security deposit when requested.
9. MAKING CHANGES TO A BOOKING
9.1. You can request to make changes to your booking at any time up to five (5) days before check-in. For example, if check-in is at 3pm on 10th January, you can request to make changes at any time up until 3pm on 5th January.
9.2. To request a change, please do so as soon as possible by sending an email to us at hello@livingelite.co.uk.
9.3. We will do our best to accommodate changes. If we can accommodate a change, we will notify you of the terms of this along with any changes to the price as a result. If you wish to go ahead with the change, please confirm to us as soon as possible, and in any event within one (1) day. If we do not hear from you within this time, we will assume you do not want to go ahead with the change and your booking will remain unamended. We will only accept a change to your booking once you have paid any additional charges in full and we issue you with a written confirmation of your amended booking.
9.4. Whilst we will do our best to accommodate changes, we cannot guarantee this. If we are unable to accommodate your requested changes, you can cancel your booking in accordance with clause 10, provided that we received your change request within the timing specified in clause 9.1.
10. CANCELLING A BOOKING
10.1. You can cancel your booking for free by written notification to us at any time up to five (5) days before check-in. For example, if check-in is at 3pm on 10th January, you can provide written notice to cancel at any time up until 3pm on 5th January.
10.2. To cancel a booking, please do so as soon as possible by sending an email to us at hello@livingelite.co.uk. Please include your reservation number, name and dates of your stay.
10.3. Provided that we received your cancellation in accordance with clauses 10.1 and 10.2 we will confirm your cancellation and refund the cost of your booking.
10.4. You are not entitled to cancel your booking less than five (5) days before check-in. In the event you cancel your booking less than five (5) days before check-in you will remain liable for the full cost of the booking and will not be entitled to a refund.
11. IF WE CHANGE OR CANCEL A BOOKING
11.1. We do not expect to have to make any changes to your booking, but occasionally problems occur, and bookings have to be changed or cancelled. If this does happen, we will contact you as soon as is reasonably practicable, to explain what has happened and inform you of the cancellation or change.
11.2. We can always make a change:-
11.2.1. to reflect changes in relevant laws and regulatory requirements; and
11.2.2. which is minor and does not affect your overall receipt of the service, for example a change to your check-in or check-out time.
11.3. If a significant change has to be made (and the change is not acceptable to you) or your booking has to be cancelled by us we will, if possible, offer you alternative accommodation of a similar type and standard in a similar location for the same dates. If you do not wish to accept a significant change or any alternative accommodation offered (or we cannot offer you a suitable alternative), you must notify us in writing as soon as possible and you will receive a full refund. This is your sole remedy for a significant change or cancellation by us. We are not responsible for the costs of alternative accommodation, nor any other travel or other arrangements you may have.
11.4. If we do not hear from you within one (1) day we will try to contact you again, and if you fail to tell us that you wish to accept any significant change or alternative accommodation we are entitled to assume you wish to cancel your booking.
11.5. If we offer you alternative accommodation which is operated by a third party, your contract is with that third party (not with us), and we are not responsible for your arrangements with that third party or any services offered by them.
12. WE CAN WITHDRAW SERVICES
12.1. We can stop providing a service. We let you know in advance and we refund any sums you've paid in advance for services which won't be provided.
13. WE CAN END OUR CONTRACT WITH YOU
13.1. We can end our contract with you for a service and claim any compensation due to us if:
13.1.1. you don't make any payment to us when it's due and you still don't make payment within three (3) days of our reminding you that payment is due;
13.1.2. you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need or have requested in order to provide the service, for example under clauses 8.1, 8.2 and 14.3;
13.1.3. you commit any other breach of the Terms.
13.2. Each of clauses 13.1.1 to 13.1.3 will be a breach of the Terms and clause 25 shall apply.
14. ARRIVAL AND DEPARTURE
14.1. Unless otherwise agreed by us in writing, you can check-in to the accommodation from 3pm (local time) on the day of arrival, and you must have vacated by 10am (local time) on the day of departure.
14.2. If there is any delay in vacating the accommodation beyond the agreed time, a full day's rental may be charged to you for each additional day’s (or part thereof) occupation.
14.3. In the interests of security, identity verification and to prevent fraud, at any time after booking you may be required to provide your and/or your guests’ passport(s)/identity card(s)/driving licence(s). You warrant that the identity documentation provided belongs to you/your guests (as applicable) and is accurate and up to date.
14.4. If our supply of a service is delayed or affected by an event outside our control, we will contact you as soon as possible to let you know and we will do what we can to reduce the delay.
14.5. We are not responsible for any failure or interruption of services to the apartment, including electricity, gas, water and internet, or any damage, disruption or noise, or circumstances beyond our reasonable control, unless due to our negligence or misconduct.
15. RIGHTS OF ACCESS
15.1. You must allow us and any representative of ours (including subcontractors) access to the accommodation at any reasonable time during your occupation.
15.2. We will of course try to give reasonable notice (and at least 24 hrs’ notice where possible). In cases of emergency, or where a problem needs remedying quickly and you cannot be contacted in time, or we are refused access without good reason, we are entitled to enter the accommodation at any time without giving you prior notice.
16. GUESTS
16.1. Only the persons listed on our written confirmation of booking or notified to and approved by us in writing (Authorised Guests) may occupy the accommodation.
16.2. You agree to adhere to the number of guests listed on our written confirmation of booking, or notified by you and approved by us in writing. If you need to change the number of Authorised Guests you must obtain our prior written consent. You acknowledge and agree that additional guests approved by us may result in an additional charge.
16.3. You and anyone who occupies the accommodation must not (or allow anyone to) re-let/sublet the accommodation to any other third party or otherwise allow anyone to occupy it who has not previously been approved in writing by us.
16.4. You and anyone who occupies the accommodation must not use (or allow anyone to use) the apartment for any commercial purpose.
17. NO SMOKING
17.1. You must not (and you must ensure anyone present must not) smoke or vape in the accommodation (including out of a window or door) or immediately outside of the accommodation.
17.2. In addition to any other right or remedy we may have, if (in our reasonable opinion) smoking/vaping has occurred in or around the accommodation during your stay, we will charge you for additional cleaning and any other damage suffered or incurred by us as a result. This includes but is not limited to deep cleaning and deodorising by our professional cleaners plus the nightly rate for the accommodation during any time we have to delay or cancel any other guests whilst such cleaning is taking place (limited to a maximum of two (2) nights’ charges).
17.3. You agree that we are entitled to deduct any such amounts from your security deposit or charge the amounts to the card details you have provided to us, and in each case you hereby authorise us to take such action without your further prior authorisation. In the event your security deposit is insufficient or we are unable to take payment via the card details you have provided to us, you agree we are entitled to submit an invoice to you for the amount owed and you shall pay such invoice immediately.
18. NO DRUGS
18.1. You must not (and you must ensure anyone present must not) possess or use any drugs or other illegal substances in the accommodation or immediately outside of the accommodation.
18.2. In addition to any other right or remedy we may have, if (in our reasonable opinion) possession or use of drugs or other illegal substances has occurred in or around the accommodation during your stay, we will charge you for additional cleaning and any other damage suffered or incurred by us as a result. This includes but is not limited to deep cleaning and deodorising by our professional cleaners plus the nightly rate for the accommodation during any time we have to delay or cancel any other guests whilst such cleaning is taking place (limited to a maximum of two (2) nights’ charges).
18.3. You agree that we are entitled to deduct any such amounts from your security deposit or charge the amounts to the card details you have provided to us, and in each case you hereby authorise us to take such action without your further prior authorisation. In the event your security deposit is insufficient or we are unable to take payment via the card details you have provided to us, you agree we are entitled to submit an invoice to you for the amount owed and you shall pay such invoice immediately.
19. NO PARTIES OR EVENTS
19.1. You must not (and you must ensure anyone present must not) hold parties or events in the accommodation or immediately outside of the accommodation. You must not allow people other than the Authorised Guests to enter the accommodation or its surrounding areas.
20. NO PETS
20.1. You must not (and you must ensure anyone present must not) have pets or permit the access of any pets within the accommodation.
20.2. In addition to any other right or remedy we may have, if (in our reasonable opinion) you have had pets or have permitted the access of any pets within the accommodation during your stay, we will charge you for additional cleaning and any other damage suffered or incurred by us as a result. This includes but is not limited to deep cleaning and deodorising by our professional cleaners plus the nightly rate for the accommodation during any time we have to delay or cancel any other guests whilst such cleaning is taking place (limited to a maximum of two (2) nights’ charges).
20.3. You agree that we are entitled to deduct any such amounts from your security deposit or charge the amounts to the card details you have provided to us, and in each case you hereby authorise us to take such action without your further prior authorisation. In the event your security deposit is insufficient or we are unable to take payment via the card details you have provided to us, you agree we are entitled to submit an invoice to you for the amount owed and you shall pay such invoice immediately.
21. LOST OR UNRETURNED KEYS
21.1. You must notify us immediately if you have lost or misplaced any keys or if you suspect any keys may have been damaged or stolen.
21.2. Any lost, damaged, unreturned or stolen keys will result in a £150 charge. You agree that we are entitled to deduct any such amounts from your security deposit or charge the amounts to the card details you have provided to us, and in each case you hereby authorise us to take such action without your further prior authorisation. In the event your security deposit is insufficient or we are unable to take payment via the card details you have provided to us, you agree we are entitled to submit an invoice to you for the amount owed and you shall pay such invoice immediately.
22. GUEST BEHAVIOUR
22.1. Guests are requested to conduct themselves appropriately at all times, not to behave in any anti-social manner, not to cause any annoyance or distress to us or others, and to comply with our policies, procedures and requests with regard to conduct and respect for the accommodation. You agree that you are bound by and will comply with our House Rules which may be updated by us from time to time.
23. DAMAGE
23.1. You must keep the accommodation, its fixtures, fittings, contents, furnishings and decorations in excellent condition and keep it clean and tidy at all times. You must leave the accommodation in the same condition as you found it upon your arrival.
23.2. You are responsible for any damage caused to the accommodation, its fixtures, fittings, contents, furnishings and decorations during your stay, including but not limited to damage due to the negligence, wilful default, irresponsible behaviour and accidental damage. You must notify us immediately of any damage caused.
23.3. No items may be removed from the accommodation.
23.4. If any items are removed, or there is any damage caused to the accommodation, its fixtures, fittings, contents, furnishings or decorations during your stay, in addition to any other right or remedy we may have we will charge you for the cost price of repair or replacement (as applicable and at our sole discretion) plus a 20% administration fee.
23.5. You agree that we are entitled to deduct any such amounts from your security deposit or charge the amounts to the card details you have provided to us, and in each case you hereby authorise us to take such action without your further prior authorisation. In the event your security deposit is insufficient or we are unable to take payment via the card details you have provided to us, you agree we are entitled to submit an invoice to you for the amount owed and you shall pay such invoice immediately.
24. THIRD PARTY COMPLIANCE
24.1. You agree to ensure that anyone who occupies or is present in the accommodation will comply at all times with the Terms.
24.2. You are responsible for their compliance and will remain liable for their acts and omissions as if they are the acts and omissions of you.
25. BREACH OF THE TERMS
25.1. When we consider that a breach of the Terms has occurred (in our absolute and sole discretion), we may take such action as we deem appropriate, which may include all or any of the following actions:-
25.1.1. end our contract with you in accordance with clause 13.1;
25.1.2. refuse to hand over the accommodation to you or anyone else and prevent check-in taking place;
25.1.3. evict you and any occupants from the accommodation immediately;
25.1.4. charge any amounts which are due and outstanding or you owe to us immediately. You agree that we are entitled to deduct any such amounts from your security deposit or charge the amounts to the card details you have provided to us, and in each case you hereby authorise us to take such action without your further prior authorisation. In the event your security deposit is insufficient or we are unable to take payment via the card details you have provided to us, you agree we are entitled to submit an invoice to you for the amount owed and you shall pay such invoice immediately;
25.1.5. commence legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach, or further legal action against you; and/or
25.1.6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
25.2. We exclude our liability for all action we may take in response to breaches of the Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
25.3. In the event we take any action under clause 25.1 or otherwise:-
25.3.1. you are not entitled to any refund for the accommodation or other right or remedy as a result;
25.3.2. you will still be liable for any monies due in relation to the accommodation or that you owe to us in respect of the Living Elite Services;
25.3.3. we will have no liability to you as a result of this situation arising, for example, any costs or expenses incurred due to you not being able to occupy the accommodation or any impact on your travel arrangements; and
25.3.4. we are not under any obligation to find any alternative accommodation for you, and we will have no liability to you as a result of you having to find alternative accommodation (for example the nightly cost of replacement accommodation).
26. EVICTION
26.1. Where we take action to evict you under clause 25.1.3, wherever possible all parties will be notified but failure to reach any or all parties will not prevent the eviction from taking place.
26.2. We reserve the right to pack and remove all personal items from the accommodation and store them in an alternative secure location until contact can be made, and you will be responsible for the costs of such.
26.3. We reserve the right to change any lock or other access systems, and you will be responsible for the costs of such.
26.4. You agree that we are entitled to deduct any such amounts from your security deposit or charge the amounts to the card details you have provided to us, and in each case you hereby authorise us to take such action without your further prior authorisation. In the event your security deposit is insufficient or we are unable to take payment via the card details you have provided to us, you agree we are entitled to submit an invoice to you for the amount owed and you shall pay such invoice immediately.
27. SECURITY OF TENURE
27.1. Our accommodation is used as serviced holiday accommodation, and so are exempt from security of tenure legislation.
27.2. You acknowledge and agree that, subject to the Terms, you have the right to occupy the accommodation for the purposes of a holiday or other short term stay for the duration of your booking only, and that you are not using it as a dwelling house.
27.3. You have no security of tenure over any accommodation operated by us.
28. INFORMATION
28.1. We make reasonable efforts to ensure that information provided by us in the Living Elite Services is materially accurate as at the date given. However, information and prices stated may have changed by the time you book or stay at the accommodation.
28.2. Occasionally, problems mean that some facilities or services become unavailable or subject to restriction. If this happens, we will tell you as soon as reasonably practical after we become aware of the situation.
28.3. We cannot accept responsibility for any changes or closures to area amenities, facilities or attractions mentioned in the Living Elite Services or advertised elsewhere.
28.4. We are not responsible for any inaccurate, incomplete or misleading information about any property or its facilities and/or services, except in the case of our wilful misconduct.
29. CIRCUMSTANCES OUTSIDE OF OUR CONTROL
29.1. Except where otherwise expressly stated in these Terms, we will not be liable for any changes, cancellations, effects on your stay, loss or damage suffered by you or for any failure by us to perform or properly perform any of our obligations to you which is due to any event or circumstance beyond our reasonable control. This includes but is not limited to fire, flood, exceptional weather conditions, epidemic, pandemic, terrorist attack, industrial action or strikes, destruction or damage of the property by any cause (other than our negligence), termination of head leases or agreements with our landlords, any law, ruling or action taken by a court, government, regulatory, official or public authority, including failure or refusal to grant any licence or consent and change in any laws, regulations, rules or taxation applicable to us or a property, and all similar situations
30. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
30.1 We will have no liability for any death or personal injury unless it results from our negligence or the negligence of our employees, agents or subcontractors. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
30.2. You must take all necessary steps to safeguard your personal property, including that personal insurance policies are in place as appropriate. We are not responsible for damage to, loss or theft of, such personal property.
30.3. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
30.4 We only provide the Living Elite Services to you for domestic and private use. You agree not to use the Living Elite Services for any commercial or business purposes, and we have no liability to you for: (i) loss of income, profits, sales, business, revenue or data; (ii) business interruption; (iii) loss of anticipated savings; (iv) loss of business opportunity, goodwill or reputation; or (v) any indirect or consequential loss or damage of any kind, in each case that arises in whole or part from your breach of this clause.
30.5 For bookings outside of the United Kingdom where you are paying in any other currency than pounds sterling, we are not liable for any exchange rate fluctuations or international credit card charges that may be incurred from your issuing bank.
31. IF THERE IS SOMETHING WRONG WITH A SERVICE
31.1 Every effort has been made to ensure that your accommodation meets your expectations. If, however, you have any cause for complaint please contact us as soon as possible.
31.2 It is essential that you contact us immediately if any problem arises so that it can be resolved quickly. It is often extremely difficult (and sometimes impossible) to resolve difficulties properly unless we are promptly notified.
31.3 Discussion of any criticisms with us whilst you are in residence will usually enable shortcomings to be rectified straightaway. For example, complaints of a transient nature (for example, regarding heating of the property) cannot possibly be investigated unless discussed with us whilst you are in occupation of the accommodation.
32. DATA PROTECTION
32.1 We will only use personal information as set out in our privacy policy.
33. OTHER IMPORTANT TERMS
33.1 Irrespective of what any other terms may say, the Terms will take precedence over any other terms applicable to our provision of the Living Elite Services.
33.2 Your relationship with Living Elite is limited to being an independent, third-party, and not an employee, agent, joint venturer or partner of Living Elite for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Living Elite.
33.3 We may transfer this agreement to someone else. We may transfer our rights and obligations under the Terms to another organisation. We will ensure that the transfer will not affect your rights under the contract.
33.4 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under the Terms to another person if we agree to this in writing.
33.5 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
33.6 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of the Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
33.7 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under the Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
33.8 Which laws apply to this contract and where you may bring legal proceedings. The Terms are governed by English law and you can bring legal proceedings in respect of the Living Elite Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Living Elite Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Living Elite Services in either the Northern Irish or the English courts.