Terms & Conditions
1. The Booking
Your booking is with CMC Property Investors LTD (Trading as CMC Properties in these terms and conditions), which is a Limited Company, registered in England and Wales, 11739015 of Brimstage Hall, Brimstage Lane, Wirral, United Kingdom, CH63 9LY.
1.1. References to you or your guests are references to the person or organisation making the booking with CMC Properties.
1.2. These terms apply to bookings made via the CMC Property Investors Ltd website, by email or telephone or in-person with CMC Properties. Bookings made via Booking.com, AirBnB and Expedia will be subject to their terms and conditions and additionally our own terms noted here.
1.3. Your booking is confirmed and a legal contract concluded once your payment has been successfully made. No booking is made or contract concluded when payment is declined or unauthorised.
1.4. You agree that the booking is for a short term stay for leisure, business or temporary purposes and does not give rise to an assured shorthold tenancy or lease and is an excluded agreement within the meaning of s.3A(7)(a) of the Protection from Eviction Act 1977.
1.5. Bookings can be for any length from one night up to three months. Bookings may be made any time up to 5.00 pm on the first night of your stay.
1.6. Bookings may only be made by a person aged 21 or above and there must be at least one person aged 21 or above staying in the accommodation.
1.7. You may not re-sell or reassign your booking to any other person or organisation except with the express authority of CMC Properties.
2. Payment and Cancellations
2.1. All payments shall be made by Credit or Debit Card. CMC Properties do not charge booking fees or credit or debit card fees.
2.2. Full payment is required 14 days prior to the booking unless expressly agreed otherwise by CMC Properties.
2.3. The total price for your entire stay will be presented to you before you confirm your booking and make payment. Our pricing is dynamic and therefore the price for the same or similar accommodation may vary over time after your booking is made. This does not confer upon CMC Properties any right to require additional payment where the price increases and does not confer any right on you to a discount if the price decreases.
2.4. Both CMC Properties and you may cancel the booking at any time up to 14 days prior to the first day of your booking with CMC Properties in which case a full refund will be made to you. After this period the total amount will be payable.
2.5. If you cancel the booking within 14 days of the first day of your booking then CMC Properties reserves the right to retain the full amount paid. Any refund will be at CMC Properties entire discretion unless it is able to book out the accommodation to other guests, in which case it shall make a refund to you of your booking cost, less any difference in price where the replacement booking was off a lesser value.
2.6. CMC Properties reserves the right to cancel bookings within 7 days of the first day of the reservation where it is necessary due to reasons outside of CMC Properties’ reasonable control or in the event of an overbooking due to delays or errors within the booking system. In the event of such cancellation, the client will receive a full refund and CMC Properties.
2.7. A Late check-out fee of £50 per hour will be charged where a late check out has not been pre-authorised.
2.8. Where the maximum occupancy of the accommodation is exceeded, a penalty charge of £250 will be payable.
3. Your stay
3.1. Check-in time is from 3 pm and check-out time is no later than 11 am unless expressly agreed by CMC Properties otherwise. CMC Properties may request an additional payment for early check-in or later check-out. Information on the check-in and check-out procedure and access to the accommodation will be provided separately.
3.2. CMC Properties provide serviced accommodation rather than a hotel or guest house service. CMC Properties do not provide meals or newspapers.
3.3. Included in your room/apartment will be linen and towels and shower gel. A cleaning service is provided and further information is available on request.
3.4. Your accommodation will also include a supply of coffee, tea, sugar and milk.
3.5. You are responsible for the conduct of all persons staying within the accommodation and shall ensure that they comply with these terms and conditions. In particular, you and your guests must not:
3.5.1. Smoke in the premises. All rooms and common spaces in our accommodation is strictly non-smoking – you and other guests may only smoke outside of the premises.
3.5.2. Bring any pets into the premises, with the exception of assistance dogs or unless expressly agreed by CMC Property Investors
3.5.3. Bring any potentially dangerous or hazardous materials or equipment onto the premises;
3.5.4. Tamper with any fire alarms or emergency equipment;
3.5.5. Remove, damage or destroy any CMC Properties’ property;
3.5.6. Use any technology provided by CMC Properties to download or access any unlawful or obscene material;
3.5.7. Cause unreasonable disturbance to our other guests or any CMC Properties staff;
3.5.8. Make excessive noise particularly after 11 pm especially from TVs and other electronic devices;
3.5.9. Fail to return your room keys/fobs/cards at the end of your stay as, in the interests of security, we may have to replace the corresponding locks.
4. Damage, theft and costs
4.1. CMC Properties reserves the right to charge to the credit/debit card used for payment or any other card used to provide security in respect of:
4.1.1 The cost of replacing or repairing any property of CMC Properties including furniture, upholstery, fittings, appliances or other fixtures and items which are damaged during your stay;
4.1.2 The cost of replacing any items of property which are stolen from the accommodation during your stay
4.1.3 Any breach of our non-smoking policy. A standard charge of £200 will be charged to your card where we find evidence of smoking within the accommodation to cover cleaning costs but we reserve the right to charge additional amounts to cover any damage caused by smoking.
4.1.4 Time spent repairing or replacing any damaged items or replacing any lost or stolen items. A standard charge of £50 may be charged.
4.1.5 Any noise complaints. If it is deemed to be excessive noise which has disrupted the neighbours then there could be a charge of up to £1000.
4.2. Such costs may be charged on check-out but CMC Properties reserves the right to apply such charges to your card at a later date where necessary.
4.3. Where CMC Properties is unable for any reason to apply such a charge against your credit/debit card then an invoice will be sent to you and which you agree to pay within 14 days of receipt.
4.4. CMC Properties will provide a receipt including a break-down of costs for all additional charges made to your credit or debit card.
4.5. If any of the house rules are broken, CMC Properties has the right to withhold the damage deposit and can ask you to leave the property immediately.
4.6. If you and your party are required to leave early due to bad behaviour you will not be refunded the remainder of your stay and you will not be entitled to a refund of your damage deposit.
5. Privacy, Data Protection and Credit/Debit Card Security
5.2. You should note that we are required by law to maintain a register of all guests’ names and nationality (to be taken on arrival) and to keep such details on file for at least 12 months from the date of arrival. In addition, for guests who are not of British, Irish or Commonwealth nationalities we are required to take details of your passport or other travel documentation and the address of your next destination.
6.1. CMC Properties want to ensure that you have an enjoyable stay.
6.2. If you have a problem during your stay please talk to any member of staff who will be able to help you.
6.3. If CMC Properties are unable to informally resolve any complaint you have at the time of your stay then you may submit a formal complaint in accordance with this procedure. Formal complaints should be submitted in writing or email using the contact details below. Please provide as much information as possible in order that CMC Properties may properly investigate your complaint.
6.4. Your complaint will be dealt with by an appointed member of the CMC Properties management team. CMC Properties aims to respond to formal complaints within 2 days but if this will not possible CMC Properties will notify you of this and of when it expects to respond. CMC Properties will set out the outcome of your complaint in writing.
6.5. CMC Properties reserves the right to reject without further investigation any vexatious complaint or complaint made in bad faith.
Postal address: CMC Property Investors Ltd, Brimstage Hall, Brimstage Lane, Wirral, CH63 9LY
7. Limitation of Liability
7.1. The liability of CMC Properties to you under these terms and conditions shall be limited to the total value of your booking (unless the Hotel Proprietor’s Act 1956 applies, in which case our liability will be limited to the maximum prescribed under that Act) except where such loss is caused by our negligence, in which case it shall be limited to any direct and reasonably foreseeable loss suffered by you.
7.2. CMC Properties shall not be liable in any circumstances to you for any consequential or indirect loss including loss of profit, data, management time, reputation or goodwill.
7.3. CMC Properties shall not be liable for any damages or loss caused by conditions or events beyond its control including, but not limited to:
7.3.1. Strike, lockout or other labour dispute affecting the employees of CMC Properties;
7.3.2. Acts of God;
7.3.3. Natural disasters;
7.3.4. Acts of war or terrorism;
7.3.5. Act or omission of government, highway authorities or telecommunications carrier, operator or administrator;
7.3.6. Delay in manufacture, production or supply by third parties of equipment or services required for the performance of the Services or production and supply of the Goods;
7.4. Nothing in this clause or these terms shall limit CMC Properties’ liability for death or personal injury or in respect of fraudulent misrepresentation.
8.1. If any provision or provisions of these terms and conditions shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
9.1. The failure of any party at any time to require performance of any provision or to resort to any remedy provided under these terms and conditions shall in no way affect the right of that party to require performance or to resort to a remedy at any time thereafter, nor shall the waiver by any party of a breach be deemed to be a waiver of any subsequent breach. A waiver shall not be effective unless it is in writing and signed by the party against whom the waiver is being enforced.
10. Entire Agreement
10.1. These terms and conditions constitute the entire agreement of the parties and supersede all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written.
11. Third party rights
11.1. Nothing in this Agreement is intended to, nor shall, confer any rights on a third party unless expressly provided otherwise
12.1. This Agreement shall be construed in accordance with English Law and the Courts of England and Wales shall have exclusive jurisdiction in so far as any matter arising from this Agreement is required to be referred to a court of law.