WWW.VITASTUDENT.COM ONLINE BOOKING TERMS AND CONDITIONS
Date of posting: 23rd February 2021
- Welcome to www.vitastudent.com (“Site”), which is a website service provided and operated by Vita Student Management Ltd (‘VSM’, ‘we’, ‘our’ or ’us’ as applicable). For further information about us and our contact details please see paragraph 15, Contact Us below.
- We provide general information to students and investors about the student accommodation provided by our affiliated Building Operators (“Building Operators”) on this Site. We also provide an online booking service which students can use to book their accommodation by entering into a License Agreement with Building Operators online.
- These Online Booking Terms and Conditions (“Booking T&Cs”) set out the terms that govern the booking service we provide to you (‘you’, ‘your’, ‘Student’, as applicable) for the student accommodation provided by Building Operators, including the basis on which we accept and allocate those bookings.
- By using our Site or making a booking, you confirm that you accept these Terms and that you agree to comply with them. You will also be asked to confirm your acceptance of these Booking T&Cs before making a booking. If you do not wish to be bound by what you read, you should not access, use or make a booking via the Site.
- To make these Booking T&Cs quicker to read, we use a few definitions. “Accommodation” means a furnished studio in a student residence owned by a Building Operator; “License Agreement” means the License Agreement between you and the Building Operator of the Accommodation which you enter into when making a booking via this Site; “Occupation Period” means the permitted duration of your occupancy of a Accommodation under the License Agreement; “Licence Fee” means the fee payable by you (and any additional occupants) for the use of the Accommodation for the Occupation Period as specified in the License Agreement; “Guarantor” means the person who guarantees your and any other resident’s payment obligations under the License Agreement; and “Guarantee Agreement” means the agreement (in the form specified by us) entered into by the Guarantor. Other definitions are highlighted in bold text throughout these Booking T&Cs.
- Please read the Terms carefully as by making a booking on this Site you (and any specified additional resident) will be entering into a legally binding License Agreement with a Building Operator in addition to a contract with us for the provision of the booking service available on this Site, which are both subject to a limited right of cancellation. Please see the specimen Licence Agreement and Guarantee Agreements page for further specimen copies of the legal agreements that relate to your booking and also paragraph 6, Cancelling Your Booking in relation to your right to cancel your booking.
- The Site, the information contained on it, these Booking T&Cs and any contracts made under or in connection with them (including the License Agreement) are provided in the English language only.
- If you have any queries or concerns regarding these Terms, please contact us at firstname.lastname@example.org.
- BOOKING ACCOMMODATION AND ENTERING INTO A LICENSE AGREEMENT
To be eligible to make a booking for Accommodation via this Site and enter into a License Agreement you must:
- be 18 years of age or over, or be able to provide a parent/guardian as guarantor to acknowledge that you are making a booking and/or moving into accommodation provided by us prior to being 18 years of age;
- have been accepted on a study programme at an educational institute in the United Kingdom for the duration of the Occupation Period (and shall provide to us evidence of the same promptly on request);
- be able to demonstrate your eligibility, when asked to do so, to comply with these booking terms, the terms of the Licence Agreement you will enter into when completing a booking, as well as any planning obligations or marketing strategy specific to any of our Vita Student residences which can be viewed here;
- register on the Site by providing your real name, phone number, email address and other requested information; and Making contracts online
By making a booking via the Site you are making an offer to:
receive our booking service; and enter into a License Agreement with the applicable Building Operator.
The following steps have to take place before a contract is made between us for the provision of booking services and between you and the applicable Building Operator for the provision of accommodation services under a License Agreement:
after signing into your account and providing your accommodation choice (including Accommodation, Occupation Period, Accommodation details and payment option) you accept the Booking Terms and Conditions and agree to your License Agreement. You then complete the payment details and submit your payment and booking on the Site by pressing the ‘Confirm Payment’ button at the end of the process. Before submitting your booking and payment, the check-out process will give you the opportunity to review the booking and the terms of the License Agreement for your chosen Accommodation (including details of the Building Operator) and, if necessary, make amendments to your booking; you will see an on-screen acknowledgement of your booking and receive a receipt for your payment by email at the address provided. We will also send you an email confirming your booking (subject to any eligibility/compliance checks which may be necessary), together with a copy of your electronically executed License Agreement (“Confirmation Documents”).
In certain circumstances, we will also send to you a copy of the Guarantee Agreement for your Guarantor to sign and return to us. We accept: your offer to receive our booking services; and acting on the Building Operator’s behalf as its agent, your offer to enter into the License Agreement, at the time we dispatch the Confirmation Documents to you. Accordingly, nothing that we say or do will amount to any acceptance of your offer until we actually dispatch those documents to you, at which point a contract will be made between us and between you and the Building Operator under the License Agreement. Joint bookings
- You may specify the name of up to one additional resident when booking a Accommodation via the Site.
- The Licence Fee and any security deposits quoted on the Site and in the License Agreement are not subject to VAT. You will be presented with details of the total annual License Fee for your Accommodation (together with a breakdown of instalments) and payment date(s) for the selected Occupation Period before you submit your booking online. Any other charges quoted on the Site are inclusive of VAT at the rate in force from time to time, except for any fees received or retained by the Building operator in connection with the termination of a booking and/or Licence Agreement.
- We currently accept payment of your Advance Payment by major credit and debit cards. You confirm that the payment card that you use to make payment to us is yours.
- We take payment from your card once you have entered your payment details and have clicked the ‘Pay Now’ button, subject to card authorisation. Amending your Booking
- You may amend your booking without charge during the cancellation period set out under paragraph 6.1. Please contact us directly using the contact details under paragraph 15, Contact Us, if you would like to do so as amendments cannot be made by you online via your account. If you wish to amend your booking after this period expires, any changes are at our sole discretion, subject to availability and may be subject to payment of an additional fee. This does not affect your statutory rights including your right to cancel your order described under paragraph 6, Cancelling Your Booking.
- To be eligible to make a booking for Accommodation via this Site and enter into a License Agreement you must:
- ADVANCE PAYMENT OF LICENSE FEE AND ANY SECURITY DEPOSIT
- Except as set out under paragraph
- the Advance Payment shall be non-refundable and non-transferable after your right to cancel your booking without charge expires in accordance with paragraph 6.1 below.
- Unless your booking is cancelled in accordance with paragraph 6 below, on the commencement date of the Occupation Period, we shall provide the applicable Building Operator with the sums paid by you in respect of the Advance Payment License Agreement.
- LICENCE FEE PAYMENT OPTIONS AND GUARANTORS
- Please select your preferred option for the payment of Licence Fee for your Accommodation carefully when making your booking as the terms of your License Agreement may differ depending on the option chosen.
- If you have chosen to pay the Licence Fee for the entire Occupation Period as a lump sum during the booking process and wish to change to payment of Licence Fee by instalments, you may do so before the commencement of the Occupation Period only and: a) without charge during the cancellation period set out under paragraph 6.1; or b) at our sole discretion only, if the cancellation period set out under paragraph 6.1 has expired, in each case, provided that you comply with the requirements relating to the provision of a Guarantor under paragraph 4.1. If you would like to change the payment arrangements as described in this paragraph 4.2, please contact us using the contact details set out under paragraph 15, Contact Us.
- Please retain a copy of any agreements that you send to us.
- The details of Accommodation available for bookings in our residences are set out in the website.
- The Accommodation details include the price, the approximate size of the Accommodation, the occupancy options available for the Accommodation and our general description of the view.
- Descriptions of the views are provided as a guideline only and we do not guarantee the accuracy of those descriptions.
- CANCELLING YOUR BOOKING
Your right to cancel
- You may cancel your booking (and the License Agreement to which it relates) without charge by giving notice no later than five (5) calendar days after the day on which we dispatch the Confirmation Documents to you, provided such notice is given in writing prior to 25th May in the year of commencement of the Tenancy. If you cancel your booking within this period we will refund the full amount of the Advance Payment to you within twenty eight (28) days of our receipt of your cancellation notice to the payment card you used to make the booking.
- You may only cancel your booking (and the License Agreement to which it relates) without charge after 25th May in the year of commencement of the Tenancy if notice of cancellation is provided to us in writing within a period of forty eight (48) hours starting from the day we dispatch the Confirmation Documents to you. If you cancel your booking within this period we will refund the full amount of the Advance Payment to you within twenty eight (28) days of our receipt of your cancellation notice to the payment card you used to make the booking.
Notwithstanding paragraphs 6.1 and 6.2 above, you may cancel your booking by providing written notice to Us if one or more of the following apply:
- the closure of UK travel borders and/or a ban on all international travel from your country of residence means that it is not possible for you to travel (either directly or indirectly) to your accommodation for any part of the period from the start date of your Occupation Period up to and including the 15th January 2022;
- your course of study is cancelled or postponed in all forms (including online learning) for the entire period from the start date of your Occupation Period up to and including the 15th January 2022, or any date thereafter;
- for reasons unforeseen and outside of your control you are declined a Visa to study in the UK; and/or
- for reasons unforeseen and outside of your control you are declined a place by the provider of your course of study
The rights set out in clause 6.3 only apply PROVIDED THAT:
- you notify Us in writing within 48 hours of becoming aware of the reason for the cancellation and, in the case of being declined a visa to study in the UK, on or before 16th August 2021;
- you provide us with evidence of the reason for the cancellation (to our reasonable satisfaction) at the time of submitting the cancellation notice; and
- you have not already commenced occupation of the Accommodation at the time any of the circumstances may apply.
For the avoidance of doubt, cancellation notices cannot be accepted where none of the circumstances set out in clause 6.3 above apply yet you choose not to occupy your Accommodation for whatever reason.
- Where clauses 6.1, 6.2 and/or 6.3 above have not been satisfied you may only cancel your booking in accordance with the terms of the Licence Agreement.
- In all cases We will determine whether there are grounds for cancellation and our decision will be final and binding.
- Where clauses 6.1, 6.2 and 6.3 above do not apply, we give no guarantee or warranty of any assistance in advertising or marketing your Accommodation should you, for whatever reason, no longer wish to occupy the Accommodation. Any other accommodation in our residences which are at the time not booked will take priority over your Accommodation and we will not openly advertise your Accommodation on our Site until all other accommodation is booked. Any offer of assistance in advertising your Accommodation, either verbally or in writing is subject to this clause and limited to us retaining details of your Accommodation, answering specific questions about your Accommodation when asked, and the administration of the agreement with the replacement licensee, if applicable. Where any further steps are taken by us, this is done at our absolute discretion and does not impose any duty or obligation on us other than as explicitly set out in these Terms.
- Any notice given under clauses 6.1 and/or 6.2 and/or 6.3 above must be in writing and sent either by email to email@example.com or by post using the address provided under paragraph 14 (Contact Us) below.
We may cancel your booking (and, acting on behalf of the Building Operator, the License Agreement to which it relates) at any time if:
- at any point prior to the commencement date of the Occupation Period you have previously been a resident of our Accommodation and breached the terms of the applicable Licence Agreement; and/or
- you breach any of the terms of these Booking T&Cs; and/or
- you and/or any additional resident you specify for the Accommodation do not satisfy the eligibility requirements set out under paragraph 2.1; and/or
- you fail to make any payments that fall due under these Booking Terms or the License Agreement prior to the commencement of the Occupation Period (including, if applicable, any instalment payments); and/or
- it subsequently becomes apparent that you are ineligible to book the chosen Accommodation for reasons set out in paragraph 1.
- We will notify you in writing of any cancellation made by us under paragraph 1 or 6 and the reasons for doing so.
- Any cancellations made by us under this paragraph 6 shall apply to you and any additional resident you specify during the booking process.
Our right to cancel
- TERMINATION OF YOUR REGISTRATION AND DORMANT ACCOUNTS
- In the event that you have, or we have reason to believe that you have, or will breach the Terms, we may terminate or suspend your registration and/or access to the Site.
- We reserve the right to delete your account and any personal information if there is no activity on your account for more than 24 consecutive months.
- THIRD PARTY SOFTWARE
You acknowledge that you may need to download and activate third party owned software in order to access the Site and/or the booking service. This software will be clearly identified on the Site. In order to use such third party software or technology you may have to accept the terms of a licence agreement with that third party. You acknowledge that we have no responsibility or control over such third party software.
- PROMISES, LIABILITY AND DISCLAIMER
- We promise that we will operate the booking service with reasonable skill and care. To the fullest extent permissible under applicable law, we disclaim any and all other promises, warranties, conditions, or representations relating to the booking service, whether express, implied, oral or written. In particular, we do not make any promises about the availability of the booking service or the Site or that they will be provided uninterrupted or error or virus–free. We do not authorise anyone to make any promises on our behalf.
We will not be responsible or liable:
for Building Operators’ performance of their obligations under any License Agreements or any actions and/or omissions by them in relation to the Accommodation you book using the booking service; for any losses related to any business of yours including but not limited to lost data, profits, revenue, business, opportunity, goodwill, reputation or business interruption; or if we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control. In such circumstances including, but not limited to, fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, our inability or delay in performing our obligations will not be deemed to be in breach of contract.
- We promise that any representations made regarding the layout, specification and design of Accommodation as well as general recreation and amenity areas in the building are made in good faith based on the information available at the time of release, however you acknowledge and accept that some details may change in accordance with final plans, approvals, supplier choices and design decisions. Where images of Accommodation and other communal building areas have been provided prior to booking (including computer simulations), these are intended to illustrate the general standard of specification and amenity only and whilst we will use reasonable endeavours to provide accommodation which is at least comparable in general standard, any such changes to the design and specification made at our discretion shall not be considered grounds for cancellation of any booking.
- There are certain liabilities which we cannot exclude by law and nothing in these Terms excludes or limits our liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation.
- You have certain rights as a consumer. Nothing in the Terms (including these Booking T&Cs) will reduce these legal rights. For further information about your legal rights, please contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
- Subject to paragraph 10.3, if either we or you fail to comply with these Booking T&Cs, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Booking T&Cs. Losses are foreseeable where they were contemplated by you and us at the time we accept a booking that you have made or, in all other circumstances, at the time you accept these Booking T&Cs.
You agree that you will compensate us and any building operators in full for any damages, losses, costs and expenses (including reasonable legal fees) we and/or they incur that arise out of a claim brought by a third party against us and/or any building operators due to a breach by you of these booking terms, in particular:
- any failure by you to provide the required council tax exemption documentation in accordance with paragraph 12.1 below; and
- any failure by you to notify us that you are no longer a student in accordance with paragraph 12.1 below.
- You agree that you will compensate us and any building operators in full for any damages, losses, costs and expenses (including reasonable legal fees) we and/or they incur that arise out of a claim brought by a third party against us and/or any building operators due to a breach by you of these booking terms, in particular:
- OTHER IMPORTANT TERMS
- Council Tax Exemption and Change of Status. You shall provide to us within forty-eight (48) hours of request, a certificate of exemption from council tax in relation to all residents in the Accommodation you have booked. You must notify us immediately if you are no longer a student at an educational institute in the United Kingdom at any time during the Occupation Period. Certificates and notices should be provided to us by email or by post using the contact details under paragraph 15, Contact Us.
- Written Communications. You agree to receive communications from us electronically and that electronic communications will satisfy any legal requirement for communications to be in writing.
- Severability. If any part of these Booking T&Cs is found to be unenforceable as a matter of law, all other parts of these Booking T&Cs will not be affected and shall remain in force.
- Entire Agreement. These Booking T&Cs and the documents referred to in them govern our relationship with you and represent our entire agreement with you.
- Conflict. In the event of any conflict or inconsistency between these Booking T&Cs and the terms of the License Agreement, the latter will prevail to the extent necessary to resolve such conflict of inconsistency.
- References to “including” and other similar expressions. In these Booking T&Cs, words that appear after the expression “include”, “including”, “other” “for example”, “such as” or “in particular” (or any similar expression) will not limit the meaning of the words appearing before such expression.
- Assignment. You may not assign, sub-license or otherwise transfer any of your rights under these Booking T&Cs.
- Waiver. If you breach these Booking T&Cs and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Booking T&Cs again.
- Exclusion of Third Party Rights. These Booking T&Cs do not create any right enforceable by any person who is not a party to them or any contract made under them, except that the provisions of these Terms may be enforced by a Building Operator subject to and in accordance with the Contracts (Rights of Third Parties) Act 1999.
- Governing Law and Jurisdiction. Any disputes or claims arising out of or in connection with these Booking T&Cs are governed by and construed in accordance with the law of England. If a dispute arises out of or in connection with these Booking T&Cs, we will both attempt to settle it by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure. If either or both of us refuse to initiate the mediation procedure within fourteen (14) days of the dispute arising or if we both fail to agree terms of settlement within thirty (30) days of the initiation of the procedure, either of us will be free to initiate proceedings in the courts of England which will have exclusive jurisdiction to deal with such dispute.
- CHANGES TO THE BOOKING SERVICE AND THESE BOOKING T&Cs
- We may make changes to the booking service and/or these Booking T&Cs at any time. If we make changes to these Booking T&Cs we will do so by sending you an email with the modified terms or by posting a copy of them on the Site. Any changes will take effect seven (7) days after the date of our email or the date on which we post the modified terms on the Site (whichever is the earlier) but shall not apply to the terms of any contracts that have been made between us prior to the date of change. If you continue to use the Site after that period has expired, it means that you accept any such changes.
- Any contract that has been made under these Booking T&Cs shall be subject to the Terms in force at the time you accepted them.
- GENERAL COMPLAINTS AND REQUESTS FOR FURTHER INFORMATION
- If you have any general complaints or wish to request further information about the Site, please contact us via email at firstname.lastname@example.org or by post to Vita Student Management Ltd Horseshoe Farm, Elkington Way Alderley Edge England SK9 7GU and we will do our best to resolve these.
- CONTACT US
- This Site is provided and operated by Vita Student Management Ltd, a company incorporated in England. Our registered office address is: Vita Student Management Ltd Horseshoe Farm, Elkington Way Alderley Edge England SK9 7GU Our registered company number is 08540975 and VAT registration number is 154840995. Tel number: 0161 709 7777