Terms and Conditions – Ts&Cs

These Terms and Conditions of Hire constitute a contract between PORTFOLIO GROWTH MANAGEMENT LTD, Company Number: 10822172, registered office: Douglas Bank House, 2 Wigan Lane, Wigan, WN1 2TB (“us,” “we,” “our”) and you, the person making the booking and all adult members of your party who will be staying in any of our properties (“you,” “your,” “client,” “guest”). By making a booking or staying in one of our properties, you agree to comply with these terms and conditions. The following defined terms are used in this contract:

A – Scope

A.1 Your stay with us is intended for holiday purposes and does not grant exclusive possession or establish a landlord-tenant relationship between PORTFOLIO GROWTH MANAGEMENT LTD and either the client or any guest. You acknowledge that you will not have any rights under any statutory provisions, including, but not limited to, the Rent Act 1977 or the Housing Act 1988, and any amendments or re-enactments of such statutes in force.

A.2 Our rates are subject to change without prior notice unless otherwise agreed upon in writing.

A.3 VAT will be charged as applicable.

B – Occupation Agreement

B.1 We grant you permission to occupy the property as a holiday rental for the agreed hire period, subject to these Terms and Conditions of Hire. This occupation is limited to you personally and the guests named in the booking. You are responsible for the actions and behaviour of any visitors to the property. Refer to your obligations under condition 10 below.

B.2 You must be 21 years or older at the time of booking and provide us with identification, upon request, for yourself and all other individuals staying at the property (acceptable identification includes a passport or driving license). At least one adult aged 21 or over must stay at the property, and bookings cannot be made for individuals under the age of 21.

B.3 We reserve the right to refuse any booking for any reason. Your booking will be accepted once you agree to these terms and conditions by signing the guest agreement or upon receiving our Booking Confirmation email issued by us.

B.4 Check-in time is after 2:30pm on the start day of your booking unless stated otherwise. You must vacate the property by 10am on the last day, unless otherwise agreed upon. Failure to arrive by midnight on the start date without prior to notifying us of a late arrival may result in the cancellation of your booking.

B.5 If you wish to extend your stay, we will make every effort, subject to availability, to accommodate your request. However, please note that this may not always be possible.

C – Paying for Your Accommodation

C.1 The following terms apply to payment:

C.1.1 To secure a direct booking through Growth Portfolio Ltd, 100% of the payment must be made at the time of booking, and you hereby authorise us to process the payment using the credit or debit card provided during the booking. If booking through another online portal or travel agent such as Booking.com, Airbnb, Homeaway, TripAdvisor, Expedia, etc., payment must be made according to their payment terms. Please note that pre-authorisations, as detailed in clause E.2 below, apply from the time of your booking. All prices quoted by us include booking fees and charges unless stated otherwise. If full payment is not received at least 14 days before your arrival date or in accordance with the payment terms of the online portal or travel agent, we reserve the right to cancel any bookings made, and any deposit paid will be forfeited.

C.1.2 We expect the property to be left in a reasonable condition upon departure, including the proper disposal of rubbish in designated bins and clearing/cleaning of soiled dishes or other utensils, which you may use in the kitchen sink for. If, at our discretion, additional cleaning is required upon departure, the cost of this cleaning will be charged as an Additional Charge.

C.1.3 Smoking is strictly prohibited in our properties. Smokers must leave the building if they wish to smoke. If there is evidence of guests smoking within the property, we reserve the right to charge £500 for specialist cleaning as an Additional Charge.

C.1.4 Anyone found using or being under the influence of illegal drugs or substances, classified under the Misuse of Drugs Act (1971), will be expected to leave the property and will be reported to the police. We will also immediately report any evidence or suspicion of drug use on our premises to the police.

C.1.5 No daily housekeeping service is provided. Whilst linens and bath towels are included in the unit, daily housekeeping or maid service is not included in the rental rate. However, it is available for an Additional Charge. Towels or linens, any kitchen utensils or apparatus, or any other tool otherwise made available for the functional use of the apartment are not to be taken from the property. An Additional Charge may apply if inventory is defaulted.

C.1.6 Any booking obtained under false pretences will result in the forfeiture of advance payment, deposit, and/or rental money, and the party will not be permitted to check-in. The falsification of data to obtain rental may also be prosecuted.

C.1.7 Pets are not allowed during your stay. Clause L.1.1 complements this clause.

C.1.8 ‘Fair Use’ of heating and electricity usage is applicable during your stay. Customers should not set the heating above 24 degrees Celsius, as an Additional Charge may apply at our discretion. See “Fair Use” implementation and description, which will be used accordingly.

D – Loss and Damage – Security Deposit

D.1 You should inspect the property upon check-in. Unless we receive notification to the contrary within two hours of check-in, we will assume that you have fully accepted the property’s condition as being in good repair, in a clean and tidy state, and waive any right to claim otherwise.

D.2 The risk of damage to the property and its contents passes to you upon check-in and remains with you until the property is returned to us. You are liable for any loss or damage (except fair wear and tear) caused during the rental period, as well as any reasonable loss of rental income resulting from such loss or damage. 

D.3 A security deposit may be required to cover your obligations under this Agreement. This deposit may be in the form of a payment or an authorisation to charge your debit or credit card used for the booking. The security deposit will be returned to you in full (or any payment authorisation cancelled) upon the property being returned to us in accordance with the terms of this Agreement. If you are liable for any loss or damage under clause D.2, we may withhold some or all of your deposit to cover the same, as well.

In accordance with clause D.3, a report on exit is made by the housekeeping team on check-out and will support any action from us as described in clause D.3.

However, if you are found liable for any loss or damage as outlined in clause D.2, we reserve the right to retain some or all of your deposit. The withheld amount may be used to cover the loss or damage incurred, as well as any administration fees associated with the time and the resources used for resolving the loss or damage. These charges will be considered as Additional Charges.

E – Additional Charges

E.1 Any payable Additional Charges include those items specified in the Booking, property inventory and any specified in these terms and conditions.

E.2 Where Additional Charges are incurred, you hereby authorise us to charge the credit or debit card that was used to make the Booking. If no credit or debit card was used in the Booking, you must pay Additional Charges by another means acceptable to us. All Additional Charges are due on the check-out date, unless circumstantial context indicates differently.

E.3 Failing to honour any Additional Charge within 14 days of the date of our respective invoice and pertinent to the subject, an administration fee invoice of £50 will be due to cover the overhead costs, such as sending you our debt collection letter, which will follow with the additional invoice.

F – Changes to Your Booking by Us

F.1 In the rare circumstance that it becomes necessary for us to cancel or modify your accommodation, we assure you that we will take immediate action to contact you and provide a comprehensive explanation regarding the situation. Whether it involves a cancellation or alteration, we will do our utmost to inform you promptly. In the event of any changes, we will also offer alternative options for your consideration. However, if none of the proposed alternatives meet your requirements or preferences, we will consider the booking as officially cancelled. As part of our commitment to customer satisfaction, we will initiate a full refund of any payments you have made to us within a maximum of 14 days from the date of cancellation.

F.2 We shall not be liable for changes, cancellations, or any other effects on your booking due to events beyond our reasonable control (force majeure), including (by way of example only and without limiting the generality of the foregoing) terrorist activity, industrial disputes, natural or man-made disasters, fire, and adverse weather conditions.

G – Cancellation/Alteration of Your Booking by You

G.1 We will make every effort to accommodate your requests for alterations to your Booking, depending on the availability of accommodation.

G.2 If you have made a direct booking with us and you wish to cancel your entire booking or a part of it, you must provide written notification to us (please refer to our contact details below) at least 14 days prior to your arrival date. In such cases, no cancellation fee will be charged, and any deposit paid will be refunded (unless stated otherwise at the time of booking).It is your responsibility to ensure that we receive your cancellation notice within the specified timeframe as specified in G.3. If you have made your booking through another online portal or travel agent, such as Booking.com, Airbnb, Homeaway, TripAdvisor, Expedia, etc., you must follow their cancellation policy, and they will notify us accordingly.

G.3 If you cancel your direct booking with us a full refund is given when cancellation notice is provided up to 14 days before arrival date; 50% refund offered when notice is given up to 7 days prior to arrival date; no refund is provided if cancellation request falls within the 7 days of arrival date. If you fail to show up and written notification has not been received, the total price of the reservation will be charged. However, this policy may vary if you have booked through another online portal or travel agent, such as Booking.com, Airbnb, Homeaway, TripAdvisor, Expedia, etc., as their cancellation policy will apply.

H – Our liability for Death, Personal Injury, Loss of Property, Lack of Services

H.1 We shall not be held liable for any death or personal injury to you or any members of your party unless it is a direct result of our own negligence or misconduct.

H.2 If you choose to use your own electrical appliances, such as hairdryers, curlers, tongs, shavers, personal computers, or personal stereos, it is important to use the appropriate adaptor. Non-UK plugs used without the proper adaptor/transformer pose a serious fire risk. Please ensure that all heated appliances are switched off and safely stored before leaving the premises. Failure to comply with this rule may result in immediate eviction.

H.3 You are responsible for taking necessary measures to protect your personal belongings, and we accept no liability for any damage to or loss of such property unless it is caused by our own negligence. Cars and their contents are parked at the owners’ risk. Please ensure that your vehicle is securely locked, and valuable possessions are kept out of sight.

H.4 Any items left behind in the property will be stored for one week after your departure. If you wish to have them forwarded to you, the cost will be borne by the guest, unless an expressed agreement between the parties has been devised differently.

H.5 While we strive to provide uninterrupted services in the property, such as gas, water, and electricity, we cannot be held responsible for any failure, interruption, or damage caused by maintenance work carried out within the building or central maintenance from the utility providers. We also cannot be held liable for any disturbances or noise arising from such maintenance activities. 

In addition, we rarely have disturbances caused by other guests staying at our apartments, we do ask that the golden quiet time be respected between 10pm and 7am, thus, we cannot be held liable for third party disturbances. 

H.6 We shall have no liability for any loss which was not foreseeable at the time we entered this Agreement or losses not caused by our breach of this Agreement, and, if you are entering this Agreement in the course of a business, we shall have no liability for any loss of profit, loss of or damage to goodwill, increased costs, loss of anticipated savings, loss of business, or any special, indirect or consequential loss (whether arising through breach of contract, tort including (without limitation) negligence, or breach of statutory duty. In any case our total liability to you is limited to the total cost of your reservation.

I – Keys/ Access

I.1 Unless specifically agreed otherwise, the property owners will provide the client or guest with a single set of keys for the property. In the event that the client or guest misplaces or loses the keys, they must notify us immediately. We will arrange for a locksmith to change the lock/key(s) as necessary, and the associated costs will be charged to the client or guest. Upon check-out, it is required that the keys be returned to the keybox (or the same location from which the guest initially collected them), and the property must be securely locked. Any loss of keys may result in an Additional Charge. On the properties that are served by automatic, cloud based locks, this is not applicable, but any occurring damage to the lock will be secured by the security deposit, as per clause D, as Additional Charges.

I.2 If a guest accidentally locks themselves out of the property and requires assistance from the owners to regain entry, an administration fee will be charged as an Additional Charge.

I.3 We will retain a set of keys to the property for the purpose of providing the services outlined in this agreement, conducting necessary maintenance, and inspecting the property. This may also include repairs to the structure, roof, exterior, or any services, appliances, or equipment within the property. We reserve the right to enter the property at any reasonable time during your stay for essential maintenance, in case of suspected damage, or in the event of an emergency. However, we will make reasonable efforts to contact you before entering the property.

J – Wireless Broadband Internet and Hardwire

J.1 Wireless broadband internet is typically available at our properties; however, we cannot guarantee uninterrupted service due to factors such as connectivity issues, environmental conditions, or human errors. Please note that wireless broadband internet is not considered a guaranteed provision and no support service is available. We do not assume any responsibility for any damage to your computer or data transferred over the internet, nor do we guarantee the security of such data. Guests are responsible for protecting their computers from data loss, unauthorised access, and viruses.

K – Emergencies and Maintenance Call-Outs

K.1 In case of an emergency requiring the assistance of the police, ambulance, or fire brigade, please contact the appropriate emergency services by calling 999. Additionally, please inform our team via 60manchesterroad@gmail.com to ensure we are aware of the situation.

K.2 For maintenance issues, such as heating or hot water failure, please notify our team via 60manchesterroad@gmail.com. We aim to respond within 24 hours; we will have someone onsite to assess the situation within that time frame. Please note that we do not operate as a hotel and do not have maintenance staff available 24 hours a day; whilst we attend to you within the 24 hours period, the resolution to a given issue will be on the merit and nature of the issue and we may be bound by the ease or difficulty of the issue in order to resolve it quickly or not at all, during the expected or suitable time frame. If we are unable to have someone onsite to resolve the issue within 24 to 72 hours, we may, at our discretion, offer a partial refund for the nights affected by the faulty heating or hot water. Housekeeping fees, utilities cost and other admin overheads will still need to be satisfied and this will affect our discretion.

K.3 In the event that a guest or client reports a faulty service, and subsequent inspection reveals that the service was not actually faulty but was not being operated correctly by the guest, and usage instructions were provided, we reserve the right to charge the guest for the maintenance call-out as an Additional Charge.

L – Client’s Obligations

L.1 The client agrees to comply with the following obligations:

L.1.1 Guests are not allowed to keep any animals, insects, birds, or reptiles in the property. Unless they are guide dogs. Full disclosure must be made at the point of booking and the following additional terms and conditions under point L.1.1.1, apply.

L.1.1.1 When guide dogs are booked with the guest, the following conditions apply:

L.1.1.1.1 Guide dogs must be well-behaved, house-trained, and kept under control at all times.

L.1.1.1.2 Any damage caused by guide dogs to the property or its contents will be the responsibility of the guest. We may withhold part or all of the security deposit to cover the cost of repairs or replacements.

L.1.2 When guests with small children occupy the property, the guest is responsible for providing suitable childproofing safety equipment.

L.1.3 Guests shall not engage in any activities that may void or increase the premium of any insurance policy covering the property.

L.1.4 Guests shall not cause any nuisance or annoyance to the owners, other occupants, or guests of adjoining properties. Noise disturbances between 10pm and 7am should be reported to the local council and, on occasions, to the police.

L.1.5 Guests shall use the property solely for private residential purposes and shall not use it for any business activities. Working from home status is considered within the residential purpose premise only when a “Fair use” of the utilities is observed. 

L.1.6 Guests shall not make any alterations or attempt repairs to the property.

L.1.7 Guests shall not assign, sublet, share, or part with possession of the property or any part thereof. They shall not sell, loan, or dispose of any contents located at the property, including the properties’ Furniture, Appliances and effects.

L.1.8 Guests shall not block or introduce harmful substances into sinks, baths, lavatory cisterns, or waste pipes. Any blockages or issues should be reported promptly. Additional Charges may incur as result of such actions being carried out.

L.1.9 Guests shall ensure that entrance doors and windows are properly secured at all times. Windows should be closed during periods of absence or inclement weather.

L.1.10 Guests shall not change locks or make duplicate keys to the property.

L.1.11 Guests shall notify us of any damage to the property or its contents as soon as reasonably possible.

L.1.12 Guests shall use all equipment provided at the property strictly in accordance with its operating instructions and for its intended purpose only.

L.1.13 The number of occupants must not exceed the maximum permitted as stated in the guests’ booking. Exceeding the permitted number may result in the eviction of the excess occupants due to breach of health and safety regulations.

L.1.14 Guests shall use any cleaning products or substances strictly in accordance with the usage instructions and ensure they are kept out of reach of children. We are not liable for any misuse of supplied products.

L.1.15 Guests shall not engage in abusive or threatening behaviour towards our staff or other guests.

L.2 You agree to indemnify us and keep us indemnified against any claims, liabilities, losses, costs, and expenses (including legal fees) incurred or suffered by us (except for those incurred as a result of our own default) in connection with this Agreement or any use or misuse of the property, excluding personal injury or death caused by our acts or omissions.

M – Termination of This Agreement

M.1 We reserve the right to terminate this Agreement with immediate effect if you are found to be in breach of any of the terms or conditions stated herein.

M.2 Additionally, we may terminate this Agreement at any time and for any reason by providing you with reasonable written notice.

M.3 Upon the conclusion of your accommodation period, you are required to return all keys to the property to us and ensure that the property is vacated.

M.4 Any termination of this Agreement shall not affect any rights or obligations that have already accrued prior to termination, including any outstanding payments or liabilities.

M.5 Following the termination of this Agreement, you shall have no further rights to occupy the property and must cease all use of the premises.

M.6 Termination of this Agreement does not release you from any obligations or liabilities incurred during the term of this Agreement, including any damages or losses caused to the property or its contents.

M.7 Any disputes arising from the termination of this Agreement shall be subject to the provisions of Clause O (Governing Law and Jurisdiction).

N – Complaints

N.1 In the event that you have any complaints regarding your stay at the property, you must notify us immediately, preferably in writing or by email to 60manchesterroad@gmail.com. We will make every effort to resolve any issues promptly and efficiently.

N.2 If you fail to notify us of any complaints during your stay, it may affect our ability to investigate and rectify the issues raised.

N.3 We will not be held liable for any complaints or claims made after the departure from the property if we were not given the opportunity to address the issues during your stay.

N.4 We strive to provide accurate and up-to-date information about our properties, but from time to time, we update the furniture; whilst it may be different from the photographs and may affect the layout as shown in each apartments’ footprint, the standard will be upheld – we reserve the right to make reasonable amendments or improvements to the property without prior notice, as long as they do not materially affect the overall quality or suitability of the property.

N.5 In the event that we are unable to resolve a complaint to your satisfaction during your stay, you may escalate the matter to the relevant industry regulatory body or seek legal advice as necessary. If you made your booking with a booking agent, you can also address complaints to the said agent.

O – Governing Law and Jurisdiction

O.1 This Agreement shall be governed by and construed in accordance with the laws of England and Wales.

O.2 Any dispute arising out of or in connection with this Agreement, including disputes regarding its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of England and Wales.

O.3 Nothing in this Agreement shall limit your rights under applicable consumer protection laws.

P – Data Protection and Privacy

P.1 We are committed to protecting your privacy and handling your personal data in accordance with applicable data protection laws. Please refer to our privacy notice, available on our website, for detailed information on how we collect, use, and safeguard your personal data.

P.2 By providing your personal data to us, you consent to its collection, use, and disclosure as outlined in our privacy notice.

P.3 We will only use your personal data for the purposes specified in order to satisfy operational and legal obligations associated with our business; we will not share it with third parties unless required by law or with your explicit consent.

P.4 We take reasonable measures to ensure the security of your personal data, but we cannot guarantee its absolute security against unauthorised access or loss.

P.5 You have the right to access, update, or delete your personal data held by us. Please contact us if you wish to exercise these rights or have any queries regarding the handling of your personal data.

Q – Health and Safety

Q.1 The safety and well-being of our guests is of utmost importance to us. We strive to maintain a safe and secure environment within our properties. However, it is essential that you take reasonable precautions to ensure your own safety and the safety of others during your stay. Guests should keep the property free of hazardous objects at all times and not to leave it in a condition that would make it unsafe for our housekeepers, staff, other guests or themselves to use.

Q.2 We utilise CCTV within the communal areas and in the external areas of our premises to support our business operations, ensure the security of our guests, and prevent crime. Please refer to clause P and our Privacy Notice in our website for data handling procedures.

Q.3 You are responsible for familiarising yourself and all members of your party with the safety guidelines, procedures provided by us and the building itself. This includes but is not limited to fire safety measures, emergency exits, the location of fire extinguishers and first aid kits.

Q.4 Guests must report any safety hazards, accidents, or incidents promptly to our team for appropriate action to be taken.

Q.5 We do not accept liability for any personal injury, loss, or damage to property arising from the use of our properties, unless such injury, loss, or damage is directly caused by our negligence.

Q.6 It is your responsibility to supervise children and vulnerable individuals to ensure their safety and to prevent them from engaging in activities that may pose a risk.

Q.7 Guests are required to comply with all health and safety regulations, as well as any specific instructions provided by us regarding the use of amenities, equipment, or facilities within the property.

Q.8 We reserve the right to take appropriate action, including eviction, if guests fail to adhere to health and safety guidelines or engage in behaviour that jeopardises the well-being of themselves, other guests, or our staff.

Q.9 By accepting this Agreement and occupying our property, you acknowledge and agree to comply with all health and safety requirements and regulations in place for the duration of your stay.

R – Severance

R.1 If any provision of this Agreement is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired. The parties agree to replace the invalid, illegal, or unenforceable provision with a valid and enforceable provision that achieves the intended purpose to the greatest extent possible.

R.2 The invalidity, illegality, or unenforceability of any provision shall not invalidate or render unenforceable the other provisions of this Agreement. The parties shall make good faith efforts to negotiate a substitute provision that preserves the original intent and economic effect of the Agreement.

S – Interpretation

S.1 In this Agreement, unless the context otherwise requires:

“We,” “us,” or “our” refers to PORTFOLIO GROWTH MANAGEMENT LTD, the property owner or authorised representative.

“You” or “client” refers to the individual or entity entering into this Agreement and any guests or occupants of the property.

“Property” refers to the accommodation or premises specified in the booking.

“Booking” refers to the reservation or arrangement made for the occupancy of the property. It is the offer from you to us to hire one of our properties on the terms of this agreement following your provision of sufficient information to enable us to complete our telephone or Website provisional booking process.

“Guests” or “occupants” refers to individuals staying or residing at the property.

“Additional Charges” refers to any extra fees or costs payable in connection with the booking or use of the property.

“Force majeure” refers to unforeseen and extraordinary circumstances beyond our control that prevent or hinder the performance of our obligations under this Agreement.

“Days” refers to calendar days unless otherwise specified.

”Furniture and/or appliances” refer to such furniture and appliances usually found within the property and any other items which we agree to provide.

“Serviced Apartment” or “Serviced Property” means the following: A fully furnished and
equipped apartment or property, accessed by door or corridors, stairwells and any common part of
the building, inclusive of gas, electricity, water, drainage and sewerage, Council Tax, TV licence, and linen service.

S.2 Headings and subheadings in this Agreement are provided for convenience and do not affect the interpretation or construction of the provisions.

S.3 References to any statute, regulation, or other enactment include any amendments or replacements made to it.

S.4 Words denoting the singular include the plural and vice versa, and words denoting a gender include all genders.

S.5 References to “including” or “includes” shall be construed as non-limiting and mean “including without limitation.”

S.6 The terms and conditions of this Agreement shall be interpreted in accordance with the laws as stated in clause O, and any disputes shall be subject to the exclusive jurisdiction of the courts stated in clause O.