PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BY MAKING A BOOKING YOU AGREE TO BE BOUND BY THEM
1 BOOKING TERMS
1.1 What these terms cover.
All bookings for accommodation, functions and room hire at our premises (“Bookings”) are subject to these terms and conditions. This includes Bookings where no fee is paid, or Bookings through a third-party website such as Booking.com or Expedia (“Third Party Booking Site”). By making a Booking, you agree to be bound by these terms.
1.2 Group bookings.
Where you are making a Booking of five or more rooms, for example for weddings, parties or conferences (“Group Booking”) the terms in Schedule 1 will also apply to your Group Booking in addition to these terms and in these terms any reference to Booking shall include a reference to Group Booking. We may treat any Booking or series of Bookings of five or more rooms by one person (or by connected persons) as a Group Booking.
1.3 Prevailing terms.
Where you are making a Group Booking, in the event of a conflict between these terms and the relevant terms at Schedule 1 and 2, the terms in the relevant Schedule shall prevail.
1.4 Why you should read them.
Please read these terms carefully before you make a Booking. These terms tell you who we are, how your room will be provided to you, how and when you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, or you are unclear as to their meaning or have any questions regarding them, please contact us using the contact details in clause 2.2.
2 INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are.
We are Distinct Group a company registered in England and Wales. Our company registration number is 8659395 and our registered office is at 71‑75 Shelton Street, London, WC2H 9JQ. Our registered VAT number is 406 075 518.
2.2 How to contact us.
You can contact us by telephoning us on 01234 34 65 65 or by using the “contact us” option on the website. Alternatively, you can send a letter to the address in clause 2.1.
2.3 How we may contact you.
2.4 “Writing” includes emails.
When we use the words “writing” or “written” in these terms, this includes emails unless we say otherwise.
3 OUR CONTRACT WITH YOU
3.1 How we will accept your Booking.
Our acceptance of your Booking will take place as follows:
- 3.1.1 if you have placed your Booking online, whether you are using our website, or a Third Party Booking Site, when we write to you to accept it and issue you with a reference number for your Booking, or
- 3.1.2 if you have placed your Booking in person or over the phone, we will provisionally tell you if we are able to provide you with the room on the dates specified and write to you to confirm your Booking and provide you with a reference number, at which point a contract will come into existence between you and us. It will help us if you can tell us the reference number whenever you contact us about your Booking.
3.2 Proof of identity.
If you’re paying by cash, we will ask you for identification when you check-in. You can use any of the following as identification: a passport, driving licence, ID card or police warrant card. Guests may be asked to provide proof of identity upon arrival. You must be at least 18 years old to make a Booking. Children under 17 years of age are not permitted to stay at our premises, unless they are accompanied by a parent or guardian.
3.3 Booking guarantee.
In order to allow us to confirm your Booking, you will be required to provide us with a current and valid credit card or a debit card number. We will usually verify your card details before we provide you with a reference number for your Booking. Your card will not be charged at this stage and payment will not be due until the time specified in clause 13 below or Schedule 1 or 2 (if applicable). If your card is not verified, your Booking will not be accepted or treated as confirmed.
In certain circumstances, such as function room hire, or if your Booking includes the supply of catering services, which will be supplied in accordance with clause 8.2, or constitutes a Group Booking, we may ask you for a deposit to secure your Booking. We will let you know at the point of Booking how much deposit is required (if any). Where a deposit is required, no Booking will be accepted or treated as confirmed until the deposit is paid.
3.5 If we cannot accept your Booking.
If we are unable to accept your Booking, we will inform you of this and will not charge you for the room. This might be because we are unable to provide the room on the dates specified, or unexpected limits on our resources, because we are unable to authorise your current credit or debit card in accordance with clause 3.3, or to accept any deposit required, or because we have identified an error in the price or description of the room, or the terms applicable to your Booking.
4 OUR ROOMS
4.1 Our accommodation rooms.
Where you are booking a room for accommodation purposes, unless otherwise stated, the standard maximum occupancy for our accommodation rooms is as set out below:
- 4.1.1 Classic Single and Executive Single rooms – 1 adult
- 4.1.2 Classic Double, Classic King, Classic Twin, Classic King Accessible and Deluxe Double rooms – 2 adults or 1 adult and 1 child (17 and under)
- 4.1.3 Deluxe Double with Sofa, Executive Family, Executive Twin and Executive Double rooms – 2 adults and 2 children (both 17 and under)
- 4.1.4 Junior Suites at Bedford Swan Hotel – 2 adults and 2 children (both 17 and under)
- 4.1.5 Junior Suites and Suites at Hotel Cromwell Stevenage – 2 adults
4.2 Additional occupants.
Where we agree in advance that more occupants can stay in a room than the maximum number outlined in clause 4.1, each additional occupant may be charged at a single occupancy rate, in addition to the rate for the room. If you require a cot or a child bed, please contact the premises direct, who will use reasonable endeavours to accommodate your request.
4.3 Our function or meeting rooms.
Where you are booking a function or meeting room, any maximum, or minimum, occupancy will be communicated to you at the time you make your Booking, together with any particular restrictions applicable to any of our function or meeting rooms, such as in relation to access.
4.4 Our rooms may vary from their pictures.
The images of our rooms on our website, on Third Party Booking Sites or otherwise displayed in our marketing documentation, are for illustrative purposes only. Although we have made every effort to display the rooms accurately, and whilst the facilities will be broadly the same, the room you book may vary from those images.
5 WEBSITES AND MARKETING MATERIALS
5.1 Materials on our website.
5.2 Third Party Booking Sites.
Where a Booking is made on a Third-Party Booking Site, or where our website contains links to other sites and resources provided by third parties, we have no control over the contents of those sites or resources and any links are provided for information only.
6 YOUR RIGHTS TO MAKE CHANGES TO YOUR BOOKING
If you wish to make a change to your Booking please contact us. We will let you know if the change is possible and about any changes to the price of your Booking or anything else which would be necessary as a result of your requested change.
7 OUR RIGHTS TO MAKE CHANGES
7.1 Changes to your Booking and these terms.
We may be required to change these terms or your Booking:
- 7.1.1 to reflect changes in relevant laws and regulatory requirements; and/or
- 7.1.2 to implement minor technical adjustments and improvements.
- 7.1.3 to modify your Booking should any details be incorrect. We will let you know if the modification is possible and about any changes to the price of your Booking or anything else which would be necessary as a result of the modification required.
8 PROVIDING THE ROOM
8.1 When we will provide the room.
Where we have agreed to provide a room to you in accordance with clause 3.1 above:
- 8.1.1 where you have booked a room for accommodation purposes, your room will be available for you to check-in from 2pm on the date that you have booked your room reservation to begin and you must check-out by 12 noon on the day that you have booked your room reservation to end. If you would like to request an earlier or later time, please contact us on the day you are due to check-in and we will confirm if this is possible.
- 8.1.2 where you have booked a function room, your room will be available from and to the time specified on your Booking or if no end time is stated, 11pm. In the event that you wish to extend your reservation, please speak to us and, if we agree to extend your reservation, we will confirm the time, together with any additional charges payable.
8.2 Additional goods and services.
If you would like us to provide any additional goods or services to you in connection with your Booking (such as catering services for functions) we will agree a price and any other applicable terms with you in advance of providing such goods or services.
9 YOUR RIGHTS TO END THE CONTRACT
9.1 Your rights to end your contract with us.
Your rights when you end the contract will depend on the nature of the services, whether there is anything wrong with them and when you decide to end the contract. You may have a right to end the contract in the following circumstances:
- 9.1.1 If the room is faulty or misdescribed you may have a legal right to end the contract (or to change to an alternative room, if one is available, or to get some or all of your money back), in accordance with your key legal rights, as set out in more detail in clause 12;
- 9.1.2 If you want to end the contract because of something we have done or have told you we are going to do (see clause 9.2 and clause 13.3);
- 9.1.3 If you have just changed your mind about the room (see clause 9.3 and clause 9.4 below). As a gesture of goodwill, if you are within the periods specified, you may be able to get a refund.
9.2 Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at clause 9.2.1 to clause 9.2.2 below, the contract will end immediately and we will refund you in full for any room which has not been provided and you may also be entitled to compensation. The reasons are:
- 9.2.1 we have told you about an error in the price or description of the room you have ordered and you do not wish to proceed;
- 9.2.2 you have a legal right to end the contract because of something we have done wrong.
9.3 The application of the Consumer Contracts Regulations 2013.
The right to cancel under the Consumer Contracts Regulations 2013, does not apply to your contract for room hire governed by these terms as this contract is a contract for room hire (whether for accommodation purposes or as a function or meeting room) to be provided on a specific date. You therefore do not have a right to cancel under the Consumer Contract Regulations 2013.
9.4 Our goodwill guarantee.
Please note, these terms reflect the goodwill guarantee offered by us, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed services (see clause 12.2):
Right under the Consumer Contracts Regulations 2013 How our goodwill guarantee is more generous
No right to cancel in respect of a room booked to be provided on a specific date. In respect of our accommodation rooms:
You may change your mind, without charge, any time before 12 noon on the date that your room reservation is booked to begin.
If you change your mind any time after 12 noon on the date that your room reservation is booked to begin you will be required to pay the first night charges payable in respect of your Booking.
In respect of our function rooms:
You may change your mind, without charge, any time up to 4 weeks before your function room reservation is booked to begin.
If you change your mind any time after 4 weeks before your booking is due to begin, you will be required to pay the full charges payable in respect of your Booking.
10 HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
10.1 Tell us you want to end the contract.
To end the contract with us, please let us know by contacting us using any of the contact details in clause 2.2, or contact the premises directly.
10.2 How we will refund you.
Where a refund is due to you in accordance with this contract, we will refund you the price you paid for the room, by the method you used for payment.
10.3 When your refund will be made.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind in accordance with clause 9.4 above then your refund will be made within 14 days of your telling us you have changed your mind.
10.4 No shows.
In the event that you fail to end the contract in accordance with these terms and do not arrive at the relevant premises to take your reserved room, you will be required to pay the first night’s charge and remaining rooms will be cancelled. Such charges will be debited automatically from the credit or debit card provided at the time of Booking, in accordance with clause 3.3 above.
11 OUR RIGHTS TO END THE CONTRACT
11.1 We may end the contract if you break it.
We may end the contract for a room at any time by writing to you, or by cancelling your Booking with immediate effect and (if appropriate) ejecting you (or a member of your Group Booking) from our premises if:
- 11.1.1 you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
- 11.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the room, for example, information required for Group Bookings;
- 11.1.3 you are otherwise in breach a provision of this contract; or
- 11.1.4 you wilfully or negligently interrupt our business or the business of our other guests.
11.2 You must compensate us if you break the contract.
If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for any room we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11.3 Our right to cancel.
In the event we are unable to honour your Booking for any reason, such as an act or event outside our reasonable control, such as riot, terrorist attack or war (or threat of either), fire, explosion, storm, flood or illness including virus’ or diseases’ or other natural disaster, or any law or action taken by a government or public authority (“Event Outside Our Control”) or for operational or business reasons, for instance where premises needs urgent repair or refurbishment or are closed):
- 11.3.1 We will use our reasonable endeavours to provide you with an alternative room or venue that meets your requirements and which is of equal or greater value; or
- 11.3.2 If we are unable to provide you with an alternative room or venue for whatever reason, or if you do not accept the alternative room or venue, the contract will be cancelled and you will receive a full refund of any payment you have made in advance in relation to your Booking; and
- 11.3.3 Where we are not able to honour your Booking for operational or business reasons we will give you at least 24 hours’ notice that we cannot honour your booking.
- 11.3.4 Where a Booking or specific detail within a Booking has been incorrectly made resulting in additional fees. If you do not accept the modifications required, the contract will be cancelled and you will receive a full refund of any payment you have made in advance in relation to your Booking, in accordance with clause 7.1.3 above.
12 IF THERE IS A PROBLEM WITH THE ROOM
12.1 How to tell us about problems.
If you have any questions or complaints about the room, please speak to a member of the management team at the premises. Alternatively, please contact us using the contact details in clause 2.2.
12.2 Summary of your legal rights.
See the box below for a summary of your key legal rights in relation to this contract. Nothing in these terms will affect your legal rights.
Summary of your key legal rights – This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says:
you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
if you haven’t agreed a price upfront, what you’re asked to pay must be reasonable.
13 PRICE AND PAYMENT
13.1 Where to find the price for the room.
The price of the room (which includes VAT) will be the price indicated on our website, our marketing materials or as otherwise advised to you at the time that you place your reservation with us or with a Third-Party Booking Site. We take all reasonable care to ensure that the price of the room advised to you is correct. However, please see clause 13.3 for what happens if we discover an error in the price of the room you book.
13.2 What happens if we got the price wrong.
It is always possible that, despite our best efforts, some of the rooms may be incorrectly priced. We will normally check prices before accepting your Booking and where the rooms correct price is less than our stated price, we will charge the lower amount. However, if the room’s correct price is higher than the price stated, we will contact you for your approval before we accept your Booking. If we accept and process your Booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund any sums you have paid and cancel your Booking (as set out in clause 9.2 above).
13.3 When you must pay and how you must pay.
We accept most major credit and debit cards. For payment requirements, please check the website or ask the premises on checking-in.
You must pay the balance of the charges due for your room reservation in full on arrival. This is the case even where you have booked through a Third-Party Booking Site.
13.5 Function or meeting room hire.
You must pay the balance of the charges by the date(s) specified in your Booking or where no date is specified, by no later than 14 days before the date of the Booking.
13.6 Failure to pay.
Where you fail to pay the charges due, we will credit the full amount payable automatically from the credit or debit card provided at the time of Booking, in accordance with clause 4.2 above.
13.7 We can charge a fee if you pay late.
If you do not make any payments to us by the due date or we are unable to take payment automatically for any reason in accordance with clauses 10.4 and 13.7 above, we may charge a fee to you on the overdue amount at the rate of £10.00. This fee shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us the fee together with any overdue amount.
13.8 What to do if you think an invoice is wrong.
If you think an invoice or price is wrong, please contact us promptly to let us know and we will not charge you the fee until we have taken reasonable steps to try and resolve the issue.
14 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1 We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are only responsible for loss or damage you suffer that is a foreseeable and a direct result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. You have a duty to mitigate your losses in respect of any damage suffered. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. Unless prohibited by applicable law, we shall not be liable for any indirect or consequential loss.
14.2 We are not liable for business losses.
We only supply our rooms for domestic and private use. If you use our rooms for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, or loss or reputation and/or goodwill, or similar.
14.3 Your responsibility for equipment or food or drink brought onto our premises.
We will have no liability to you or to any third party in respect of any equipment, food or drink that you bring onto our premises. Where you bring any food or drink onto our premises (for instance, as part of a public meeting), or where third parties bring such food, equipment or drink onto our premises, you shall ensure that you have, or such third party has, any relevant insurances in place, including public liability insurance, to cover any potential liability in respect of such equipment, food or drink. Cooking food in the room is strictly prohibited.
14.4 Where we are liable to you, save as prohibited by law, our maximum liability to you shall not exceed the price of your Booking or (where it applies) the maximum prescribed by the Hotel Proprietors Act 1956.
15 HOW WE MAY USE YOUR PERSONAL INFORMATION
15.1 How we will use your personal information.
Your privacy is important to us and we will endeavour to keep your personal information safe and secure. We will use the personal information you provide to us:
- 15.1.1 to supply the room to you and administer your Booking;
- 15.1.2 to process your payment for the room; and
- 15.1.3 if you agreed to this during the order process, to inform you about similar products and services that we provide, but you may stop receiving these at any time by contacting us.
16 SPECIAL OFFERS
16.1 Booking rooms under a special offer.
All special offers offered by us in relation to any or all of our premises (“Offers”) are subject to this contract together with any terms and conditions specific to that Offer (“Offer Terms”). In the event of a conflict between the Offer Terms and this contract, the Offer Terms shall take precedence.
16.2 No right to cancel when booked under a special offer.
You will have no right to cancel, amend, refunded or transferred where you have booked a room with us under an Offer and the goodwill guarantee in clause 9.4 shall not apply.
17 RESTRICTIONS ON USE
17.1 No smoking policy.
You cannot smoke or vape in any of our rooms. If you do smoke or vape in our rooms and/or are found to have interfered in any way with any of our fire detection equipment you will be required to pay damages to us. The amount of such damages shall be determined by us but shall not be less than £100 (and you acknowledge that £100 is a genuine pre-estimate of our loss in respect of breach of this clause).
Our premises have a limited amount of rooms available to accommodate pets. It is imperative for you to check prior to Booking to ensure that we are able to accommodate. In the event where we need to modify your reservation to accommodate, we will inform you in accordance to clause 7.1.3. In the event we are unable to accommodate or where you do not agree to the modifications needed, we will have the right to cancel the contract in accordance with clause 11.3.4. A pet fee of £10.00 per night will be applied. With the exception of assistance dogs, we do not charge a fee.
If you or any member of a Group Booking has any individual needs, such as reduced mobility, please advise us before making your Booking and we will be able to check if we have rooms available which meet with your individual needs.
Most of our premises have a car park, but there may be a charge for use and/or limited spaces available. Please ask for further details when you place a Booking or contact us using the contact details in clause 2.2. All vehicles and their contents are left at the owner’s/customer’s risk and we do not accept responsibility for loss or damage (save as may not be excluded or restricted by applicable law).
17.5 Guest behaviour.
We politely request that you conduct yourself, and that you ensure that all guests staying under your Booking conduct themselves, appropriately at all times and comply with any requests and notices regarding conduct, health and safety and respecting the premises, our neighbours, our employees and the other guests. You, or a member of your Group Booking, must not cause an unreasonable disturbance to other guests or our staff. Violent or threatening behaviour is not accepted on any of our premises.
17.6 Liability for the acts and omissions of guests.
You are responsible for your own acts and omissions and for the acts and omissions of your guests staying in our accommodation or attending our function rooms under your Booking, including where any damage is caused to our premises in accordance with clause 17.5 or where we receive a complaint from another guest, you are responsible for ensuring that all of your guests are aware of and comply with the terms of your Booking.
17.7 Damage to rooms.
You will remain responsible for any damage to our property or premises you cause and must pay damages to us in respect of any such damage or loss. In the event of such damage we will provide you with a breakdown of the damages due. You must pay any payments due under this clause within 15 days of receipt of such breakdown from us. We will charge a fee on any late payments in accordance with clause 13.8. If you think the damages due are wrong please contact us to let us know and we will not charge you the fee until the issue is resolved.
18 OTHER IMPORTANT TERMS
18.1 We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
18.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee).
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing (which in this context shall not include email).
18.3 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.
18.4 If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these 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.
18.5 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 these terms, or if we delay in taking steps against you in respect of your breaking this contract, that does not mean that you do not have to do those things or that we are prevented from 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 services, we can still require you to make the payment at a later date.
18.6 Which laws apply to this contract and where you may bring legal proceedings?
These terms are governed by English law and you can bring legal proceedings in respect of the Booking in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Booking in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Booking in either the Northern Irish or the English courts.
Schedule 1: Group Bookings
1 Payment terms.
1.1 Payment of a deposit.
Subject to clause 3.4 of the terms to which this schedule is attached, you must pay a deposit in line with the following:
- 1.1.1 For Group Booking of 5-9 rooms: you must pay in full at least 14 days before arrival; and
- 1.1.2 For a Group Booking of 10 or more rooms: you must pay a deposit of at least 50% of the total charges due under the Group Booking at least 28 days prior to the date on which your Group Booking is booked to begin and the remaining balance at least 14 days before arrival. That deposit is non-refundable.
1.2 Rates and commission.
For the avoidance of doubt, the rates quoted in respect of your Group Booking are applicable for your specific Group Booking only and are personal to you. Your Group Booking cannot be assigned to a third party.
2 Names of guests.
You must provide us with the names of all guests staying at our premises under your Group Booking at least 7 days prior to the date that you Group Booking is booked to begin.
3 Cancellation guarantee.
Subject to paragraph 1.1 of this Schedule, no additional charges shall be payable by you if you cancel your Group Booking more than 28 days prior to the date on which your Group Booking is due to begin. If you cancel your Group Booking in whole or in part any time within 28 days of the date on your Group Booking is due to begin, your deposit is non-refundable and will be withheld. All charges for any part of the Group Booking that is not cancelled shall remain payable. Clause 8.4 of the terms to which this schedule is attached shall not apply. For the avoidance of doubt, this shall not apply to function room hire.
4 Your responsibility.
You will remain responsible for the acts and omissions of all guests staying under a Group Booking, in accordance with clause 17.6 of the terms to which this schedule is attached.
5 Tour Operators.
Neither you nor any member of your group may re-sell, transfer all or part of your Booking (or agree to do so) as part of a commercial enterprise or other. We reserve the right to cancel any bookings made if we suspect it breaches this Schedule (or our terms).